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    Even if our ability to discern proportionality constraint... — Carmelics
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    Challenges→The move to invoke consequentialist considerations may be too quick.

    Even if our ability to discern proportionality constraints is crude in absolute terms, comparative proportionality may leave relatively little leeway with regard to what punishments are morally defensible in a given jurisdiction.

    Justice & Punishment
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    Topics

    Justice & Punishment

    Key Terms

    Comparative proportionality(as used in ethics and law)
    Judging whether punishments are fair by comparing them to each other—for example, deciding if one crime should get a harsher sentence than another similar crime.
    Discern(as used in epistemology (the study of knowledge))
    To perceive, recognize, or figure out the difference between things, especially subtle or hard-to-spot differences.
    Jurisdiction(as used in law and political philosophy)
    A specific area or system of government (like a country, state, or city) that has the power to make and enforce laws.

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    Related propositions within the same area of thought.
    Morally defensible(as used in ethics)
    Actions or decisions that can be justified or argued for as ethically right, even if someone disagrees with them.
    Proportionality constraints(as used in ethics and criminal justice philosophy)
    Rules about making sure a punishment fits the crime—that harsh punishments are only used for serious crimes, and minor offenses get lighter sentences.

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    The move to invoke consequentialist considerations may be too quick.

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    Giving up the idea that morality imposes a proportionality limit on pu...86%Retributive justice cannot be reduced to a measure of proportionality.82%The constraints of proportionality seem inherently vague.82%But proportionality alone does not exhaust the content of retributive ...81%

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    This view may move too quickly to invoke consequentialist considerations. Even if our ability to discern proportionality constraints is crude in absolute terms, comparative proportionality may leave relatively little leeway with regard to what punishments are morally defensible in a given jurisdiction (Robinson 2003; von Hirsch & Ashworth 2005: 180–185; von Hirsch 2011: 212; and section 2 of the supplementary document Challenges to the Notion of Retributive Proportionality). Nonetheless, insofar as the constraints of proportionality seem inherently vague, retributivists may have to make ...

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