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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
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    Home/Original/inverse
    See Original
    Inverse View

    It is not the case that If desert is a precise moral fact grounded in the nature of the offense, retributivists need not retreat to limiting thresholds at all.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Desert is not a single precise fact but varies by competing moral frameworks, making 'the' desert amount fundamentally indeterminate.
      ?

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    • 2.Even if desert facts exist objectively, society has independent reasons (deterrence, incapacitation) to limit punishments below desert.
      ?

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    • 3.Practical implementation requires thresholds—no theory avoids them, only obscures them by calling limits something else.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Moral facts about wrongdoing (like harm severity) are objective features of actions independent of legal systems.
      ?

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    • 2.If desert tracks these objective facts precisely, punishment proportional to them requires no external limiting principle.
      ?

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    • 3.Limiting thresholds artificially constrain proportionality and prevent giving wrongdoers what they truly deserve.
      ?

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