Proportionality and Punishment

Author:Jim Staihar
Position:Assistant Professor
Pages:1209-1232
SUMMARY

In the literature on the justification of punishment, unfair advantage theories of punitive desert are prevalent. Several variants have been defended. Although they differ in details, each assumes that a criminal would obtain some unfair advantage or, in other words, an illicit benefit unless he were punished. Criminals deserve to be punished because punishing them is necessary to remove this... (see full summary)


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