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    Retributivists may have to make some sort of peace with t... — Carmelics
    Home/Justice & Punishment
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    Retributivists may have to make some sort of peace with the thesis of limiting retributivism.

    Justice & Punishment
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    1 reason for
    2 reasons against

    Reasons For

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    Reason for
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    • The constraints of proportionality seem inherently vague.
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    Reasons Against

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    Reason against 1 of 2
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    • 1.Michael Moore's intrinsic retributivism holds that proportionality is not vague but tracks the objective moral gravity of wrongdoing.
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    • 2.If desert is a precise moral fact grounded in the nature of the offense, retributivists need not retreat to limiting thresholds at all.
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    Reason against 2 of 2
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    • 1.Limiting retributivism, as articulated by Norval Morris, is a hybrid theory that sacrifices retributivism's core claim that punishment is justified only by desert.
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    • 2.A pure retributivist can coherently reject the limiting compromise by accepting that proportionality vagueness is an epistemic problem, not a metaphysical one requiring theoretical revision.
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    Justice & Punishment

    Related

    A pure retributivist can coherently reject the limiting compromise by accepting ...If desert is a precise moral fact grounded in the nature of the offense, retribu...Limiting retributivism, as articulated by Norval Morris, is a hybrid theory that...Michael Moore's intrinsic retributivism holds that proportionality is not vague ...
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    The constraints of proportionality seem inherently vague.

    Similar

    Negative retributivism is problematic.84%Negative retributivism is framed as the view that it is impermissible ...80%Negative retributivism, as standardly framed, contains a contradiction...80%Negative retributivism seems to justify using people merely as a means...80%

    Source

    AI-extracted3/3 agreementValid
    SEP: justice-retributive
    Main passage
    View source passageHide passage
    This view may move too quickly to invoke consequentialist considerations. Even if our ability to discern proportionality constraints is crude in absolute terms, comparative proportionality may leave relatively little leeway with regard to what punishments are morally defensible in a given jurisdiction (Robinson 2003; von Hirsch & Ashworth 2005: 180–185; von Hirsch 2011: 212; and section 2 of the supplementary document Challenges to the Notion of Retributive Proportionality). Nonetheless, insofar as the constraints of proportionality seem inherently vague, retributivists may have to make ...
    Extraction notes

    Validity: The passage explicitly states "insofar as the constraints of proportionality seem inherently vague, retributivists may have to make some sort of peace with the thesis of limiting retributivism," directly linking the premise to the conclusion.

    Confidence: Clearly stated conditional reasoning in the text.

    Details

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