Jump to ContentJump to Main Navigation
Censure and Sanctions$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 19 May 2019

Anchoring the Penalty Scale

Anchoring the Penalty Scale

(p.36) 5 Anchoring the Penalty Scale
Censure and Sanctions

Andrew von Hirsch

Oxford University Press

In dealing with anchoring a scale, two main issues arise, which are considered successively in this chapter. The first concerns how the principle of proportionality constrains the scale's magnitude. The second relates to the anchoring of the penalty scale within applicable cardinal-proportionality constraints. Whether cardinal proportionality is satisfied, however, is not so much a simple yes-no matter as a matter of degree. Imprisonment (of durations varying with the gravity of the crime) is prescribed for all intermediate and serious offences. Minor crimes do not receive imprisonment. One would have to say that the scale raises questions comparable to the Draconian scale, but in a somewhat lesser degree. Thus, the upper bound of cardinal proportionality would be illustrated not so much by a bright line as by a shaded area, that grows progressively darker as one is speaking of more drastic penalty schemes.

Keywords:   proportionality, penalty scale, cardinal-proportionality constraints, cardinal proportionality, imprisonment, Draconian scale, crimes

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .