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

    It is not the case that Retributive justice cannot be reduced to a measure of proportionality.

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    Reasons For

    2 perspectives
    Reason for 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 for 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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    Reasons Against

    1 perspective
    Reason against
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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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