The Ethics of Proportionate Punishment: A Critical Investigation (Library of Ethics and Applied Philosophy Book 16)

The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.

This volume will be of great value to moral philosophers, philosophers with an interest in the ethics of punishment, and criminal law theorists. The book deals with the question of how severely criminals should be punished for their crimes. It provides a critical investigation of a fundamental principle in penal theory and practice: the principle of proportionality. This book is the most comprehensive ethical investigation of this principle to be found.

"This volume will be of great value to moral philosophers, philosophers with an interest in the ethics of punishment, and criminal law theorists. The book deals with the question of how severely criminals should be punished for their crimes. It provides a critical investigation of a fundamental principle in penal theory and practice: the principle of proportionality. This book is the most comprehensive ethical investigation of this principle to be found."--Jacket Though the idea of proportionalism is susceptible to different interpretations and has sometimes even been accused of being obscure - for instance, Bentham at one point claimed that the term "proportionate" is more "oracular than instructive" - the way the concept has been used in the retributivist tradition and the way it will be used in this and ensuing chapters will not be controversial. Front Matter....Pages i-xviii Proportionalism and its Justifications....Pages 11-57 The Seriousness of Crimes....Pages 59-99 The Severity of Punishments....Pages 101-121 The Anchor Problem....Pages 123-153 Proportionalism and Penal Practice....Pages 155-182 Relaxed Proportionality....Pages 183-198 Back Matter....Pages 199-221