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Proportionality Theory and Popular Opinion

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Title of host publicationPopular Punishment
DatePublished - 2014
Pages33-53
Number of pages21
PublisherOxford University Press
Place of PublicationNew York
EditorsJesper Ryberg, Julian V. Roberts
Original languageEnglish
ISBN (Print)9780199941377

Abstract

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.

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