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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
    See Original
    Inverse View

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

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

    Reasons For

    1 perspective
    Reason for
    ?
    • 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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Justice requires that identical wrongs receive identical punishments regardless of who commits them, ensuring impartial rule of law.
      ?

      Think about whether this reason is strong or weak

    • 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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