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The Ends of HarmThe Moral Foundations of Criminal Law$
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Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199554423

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199554423.001.0001

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Proportionate Punishment

Proportionate Punishment

(p.331) 15 Proportionate Punishment
The Ends of Harm

Victor Tadros

Oxford University Press

This chapter is concerned with proportionality in punishment. Two different conceptions of proportionality are explored: an aesthetic conception and proportionality as balance. The second conception, it is argued, is suitable for punishment institutions. The idea of proportionality in self-defence and war is then extended to the case of punishment. A range of issues is explored as a result, including the cap on punishment, the question of resources and the legitimate aims of punishment. The exploration of the death penalty is also continued here.

Keywords:   proportionality, resources, war, self-defence, death penalty

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