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    LoyalLoyalJusticeJustice
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    Moore and Kant ground proportionality in the gravity of t... — Carmelics
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    Challenges→Retributivists who fail to consider variation in offenders' actual or anticipated experiences of punishment are punishing disproportionally.

    Moore and Kant ground proportionality in the gravity of the offense itself, not in the offender's psychological constitution.

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    Reasons For

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    Reason for
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    • 1.Justice requires that identical wrongs receive identical punishments regardless of who commits them, ensuring impartial rule of law.
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    • 2.Grounding punishment in offense gravity alone prevents subjective bias based on offender's mental state or background.
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    • 3.Retributive proportionality reflects the objective moral wrongness of the act itself, not the perpetrator's internal capacities.
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    Reasons Against

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    Reason against
    ?
    • 1.Ignoring psychological constitution treats morally different actors identically—a drunk driver and reckless one cause equal harm differently.
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    • 2.Proportionality without mens rea considerations punishes diminished responsibility equally to full intentionality, violating fairness.
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    • 3.Effective deterrence and rehabilitation require tailoring punishment to individual psychology, which gravity-alone approaches preclude.
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    Justice & Punishment1 linked

    Related

    Effective deterrence and rehabilitation require tailoring punishment to individu...Grounding punishment in offense gravity alone prevents subjective bias based on ...Ignoring psychological constitution treats morally different actors identically—...Justice requires that identical wrongs receive identical punishments regardless ...
    +3 moreShow less
    Proportionality without mens rea considerations punishes diminished responsibili...Retributive proportionality reflects the objective moral wrongness of the act it...Retributivists who fail to consider variation in offenders' actual or anticipate...

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    claim
    Perspectives
    2 (1 for, 1 against)
    Edits
    1 edit