Proportionality Theory and Popular Opinion

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On the grounds of a commitment to proportionality in sentencing and an expressivist penal theory, and in the absence of any account of so-called “deontological desert”, this chapter argues that judgments of deserved punishment will be context sensitive; that is, constituted by what is popularly believed about crime gravity, punishment severity, and so a proportionate punishment. However, we also have reason to want to critique popular beliefs in these areas, and the chapter goes on to consider what resources there are for such critique.
Original languageEnglish
Title of host publicationPopular Punishment
Subtitle of host publication On the Normative Significance of Public Opinion
EditorsJesper Ryberg, Julian V. Roberts
Place of PublicationNew York
PublisherOxford University Press
Number of pages21
ISBN (Print)9780199941377
Publication statusPublished - 2014

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