Weighing Relative and Absolute Proportionality in Punishment

Publikation: Bidrag til bog/antologi/rapport/proceeding › Bidrag til bog/antologi › Forskning

Standard

Weighing Relative and Absolute Proportionality in Punishment. / Duus-Otterström, Göran.

Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. red. / Michael Tonry. Oxford : Oxford University Press, 2019. s. 30-50 (Studies in Crime and Public Policy).

Publikation: Bidrag til bog/antologi/rapport/proceeding › Bidrag til bog/antologi › Forskning

Harvard

Duus-Otterström, G 2019, Weighing Relative and Absolute Proportionality in Punishment. i M Tonry (red.), Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. Oxford University Press, Oxford, Studies in Crime and Public Policy, s. 30-50. https://doi.org/10.1093/oso/9780190070595.003.0002

APA

Duus-Otterström, G. (2019). Weighing Relative and Absolute Proportionality in Punishment. I M. Tonry (red.), Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime? (s. 30-50). Oxford University Press. Studies in Crime and Public Policy https://doi.org/10.1093/oso/9780190070595.003.0002

CBE

Duus-Otterström G. 2019. Weighing Relative and Absolute Proportionality in Punishment. Tonry M, red. I Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. Oxford: Oxford University Press. s. 30-50. (Studies in Crime and Public Policy). https://doi.org/10.1093/oso/9780190070595.003.0002

MLA

Duus-Otterström, Göran "Weighing Relative and Absolute Proportionality in Punishment". Tonry, Michael (redaktører). Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. Kapitel 2, Oxford: Oxford University Press. (Studies in Crime and Public Policy). 2019, 30-50. https://doi.org/10.1093/oso/9780190070595.003.0002

Vancouver

Duus-Otterström G. Weighing Relative and Absolute Proportionality in Punishment. I Tonry M, red., Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. Oxford: Oxford University Press. 2019. s. 30-50. (Studies in Crime and Public Policy). doi: 10.1093/oso/9780190070595.003.0002

Author

Duus-Otterström, Göran. / Weighing Relative and Absolute Proportionality in Punishment. Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime?. red. / Michael Tonry. Oxford : Oxford University Press, 2019. s. 30-50 (Studies in Crime and Public Policy).

Bibtex

@inbook{1854b3048ef44532bef431b0f4d0fd7e,

title = "Weighing Relative and Absolute Proportionality in Punishment",

abstract = "Conflicts between relative and absolute proportionality are an important puzzle facing retributivist thought. The question of how those conflicts should be handled has long been neglected. Relative proportionality refers to the ideal that punishments should be comparatively fair among offenders. Absolute proportionality refers to the ideal that punishments should be fitting, that is, neither too harsh nor too lenient. The two senses of proportionality contribute independently to the ideal of proportionality. Thus, it is not plausible to resolve conflicts between them by dropping one of them. Instead, the two senses of proportionality must be weighed. Recent literature about comparative and noncomparative desert provides some guidance for how the two types of proportionality should be weighed. If the two types of proportionality are of roughly equal moral weight, then our greater ability to reliably satisfy relative proportionality gives us some reason to give priority to relative proportionality.",

keywords = "cardinal proportionality, ordinal proportionality, relative proportionality, absolute proportionality, desert",

author = "G{\"o}ran Duus-Otterstr{\"o}m",

year = "2019",

month = nov,

day = "15",

doi = "10.1093/oso/9780190070595.003.0002",

language = "English",

isbn = "9780190070595",

series = "Studies in Crime and Public Policy",

publisher = "Oxford University Press",

pages = "30--50",

editor = "Michael Tonry",

booktitle = "Of One-Eyed and Toothless Miscreants",

}

RIS

TY - CHAP

T1 - Weighing Relative and Absolute Proportionality in Punishment

AU - Duus-Otterström, Göran

PY - 2019/11/15

Y1 - 2019/11/15

N2 - Conflicts between relative and absolute proportionality are an important puzzle facing retributivist thought. The question of how those conflicts should be handled has long been neglected. Relative proportionality refers to the ideal that punishments should be comparatively fair among offenders. Absolute proportionality refers to the ideal that punishments should be fitting, that is, neither too harsh nor too lenient. The two senses of proportionality contribute independently to the ideal of proportionality. Thus, it is not plausible to resolve conflicts between them by dropping one of them. Instead, the two senses of proportionality must be weighed. Recent literature about comparative and noncomparative desert provides some guidance for how the two types of proportionality should be weighed. If the two types of proportionality are of roughly equal moral weight, then our greater ability to reliably satisfy relative proportionality gives us some reason to give priority to relative proportionality.

AB - Conflicts between relative and absolute proportionality are an important puzzle facing retributivist thought. The question of how those conflicts should be handled has long been neglected. Relative proportionality refers to the ideal that punishments should be comparatively fair among offenders. Absolute proportionality refers to the ideal that punishments should be fitting, that is, neither too harsh nor too lenient. The two senses of proportionality contribute independently to the ideal of proportionality. Thus, it is not plausible to resolve conflicts between them by dropping one of them. Instead, the two senses of proportionality must be weighed. Recent literature about comparative and noncomparative desert provides some guidance for how the two types of proportionality should be weighed. If the two types of proportionality are of roughly equal moral weight, then our greater ability to reliably satisfy relative proportionality gives us some reason to give priority to relative proportionality.

KW - cardinal proportionality

KW - ordinal proportionality

KW - relative proportionality

KW - absolute proportionality

KW - desert

U2 - 10.1093/oso/9780190070595.003.0002

DO - 10.1093/oso/9780190070595.003.0002

M3 - Book chapter

SN - 9780190070595

T3 - Studies in Crime and Public Policy

SP - 30

EP - 50

BT - Of One-Eyed and Toothless Miscreants

A2 - Tonry, Michael

PB - Oxford University Press

CY - Oxford

ER -

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