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Censure and Sanctions$
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Andrew von Hirsch

Print publication date: 1996

Print ISBN-13: 9780198262411

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262411.001.0001

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Hybrid Models

Hybrid Models

Chapter:
(p.47) 6 Hybrid Models
Source:
Censure and Sanctions
Author(s):

Andrew von Hirsch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262411.003.0015

When proportionality constraints are thus satisfied, merely seeking subsidiary goals does not render a scheme a hybrid one. A hybrid departs from the assumed primary guiding principle — in this case, proportionality — to achieve ulterior objectives. This chapter focuses on hybrids of a certain sort: those that permit only a limited degree of departure from the principle of proportionality. If proportionality is an important fairness constraint, then it ordinarily should restrict the pursuit of ulterior ends, such as those of crime prevention. Hybrids that depart from proportionality in restricted situations or to a restricted extent still would qualify as broadly equitable schemes. The chapter shall not be considering models which routinely disregard proportionality, or treat it as only a marginal constraint.

Keywords:   proportionality constraints, hybrids, fairness constraint, crime prevention, ulterior objectives, proportionality

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