Proportionality’s Function

被引：0

作者：

Larry Alexander

机构：

[1] Warren Distinguished Professor of Law,

[2] University of San Diego,undefined

来源：

Criminal Law and Philosophy | 2021年 / 15卷

关键词：

Proportionality; Punishment; Culpability; Suffering; Risks;

D O I：

暂无

中图分类号：

学科分类号：

摘要：

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly (or may have benefitted undeservedly).

引用

页码：361 / 372

页数：11