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 presents the premise about comparative proportionality leaving little leeway as a reason why the move to invoke consequentialist considerations "may move too quickly," which constitutes an attack on that move, and this argument is explicitly stated in the source passage.

Confidence: The text explicitly says 'this view may move too quickly to invoke consequentialist considerations' and offers the comparative proportionality point as a reason.

Details

Type: claim
Perspectives: 1 (0 for, 1 against)
Edits: 1 edit