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    LoyalLoyalJusticeJustice
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    Retributive justice cannot be reduced to a measure of pro... — Carmelics
    Home/Justice & Punishment
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    Retributive justice cannot be reduced to a measure of proportionality.

    Justice & Punishment
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
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    • 1.Retributive justice includes a commitment to punishment that is proportional to the crime.
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    • 2.Lex talionis provides a controversial principle of proportionality.
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    • 3.But proportionality alone does not exhaust the content of retributive justice.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Kant's retributivism grounds punishment solely in the principle that wrongdoers receive their just desert, which is fully expressible as proportional equivalence.
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    • 2.If proportionality exhaustively captures desert-based punishment, then retributive justice reduces without remainder to a proportionality measure.
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    • 3.Kant's framework is the paradigm case of retributivism, so what holds for it constrains what 'retributive justice' essentially requires.
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    Reason against 2 of 2
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    • 1.Lex talionis, as analyzed by Nozick and Waldron, is not merely a crude equivalence rule but encodes a rich metric of harm, culpability, and moral standing.
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    • 2.If proportionality is understood as a fully articulated metric incorporating culpability and relational standing, it subsumes all putatively 'extra' retributive content.
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    • 3.Therefore, the claim that retributive justice exceeds proportionality rests on an impoverished conception of proportionality itself, not a genuine irreducibility.
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    Justice & Punishment

    Related

    But proportionality alone does not exhaust the content of retributive justice.If proportionality exhaustively captures desert-based punishment, then retributi...If proportionality is understood as a fully articulated metric incorporating cul...Kant's framework is the paradigm case of retributivism, so what holds for it con...
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    Kant's retributivism grounds punishment solely in the principle that wrongdoers ...Lex talionis provides a controversial principle of proportionality.Lex talionis, as analyzed by Nozick and Waldron, is not merely a crude equivalen...Retributive justice includes a commitment to punishment that is proportional to ...Therefore, the claim that retributive justice exceeds proportionality rests on a...

    Similar

    But proportionality alone does not exhaust the content of retributive ...87%Even if our ability to discern proportionality constraints is crude in...82%Retributive justice includes a commitment to punishment that is propor...81%Giving up the idea that morality imposes a proportionality limit on pu...78%

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    SEP: justice-retributive
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    Lex talionis provides a controversial principle of proportionality (for more on lex talionis as a measure of proportional punishment, see section 2 of the supplementary document Challenges to the Notion of Retributive Proportionality). But while retributive justice includes a commitment to punishment that is proportional to the crime, it cannot be reduced to a measure of proportionality (Moore 1997: 88; Husak 2019).

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    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit