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The Ends of HarmThe Moral Foundations of Criminal Law$
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Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199554423

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199554423.001.0001

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Proportionate Punishment

Proportionate Punishment

Chapter:
(p.331) 15 Proportionate Punishment
Source:
The Ends of Harm
Author(s):

Victor Tadros

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554423.003.0015

This chapter is concerned with proportionality in punishment. Two different conceptions of proportionality are explored: an aesthetic conception and proportionality as balance. The second conception, it is argued, is suitable for punishment institutions. The idea of proportionality in self-defence and war is then extended to the case of punishment. A range of issues is explored as a result, including the cap on punishment, the question of resources and the legitimate aims of punishment. The exploration of the death penalty is also continued here.

Keywords:   proportionality, resources, war, self-defence, death penalty

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