Article

Theories of Proportionality and Desert

Richard S. Frase

in The Oxford Handbook of Sentencing and Corrections

Published in print April 2012 | ISBN: 9780199730148
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199730148.013.0005

Series: Oxford Handbooks

Theories of Proportionality and Desert

More Like This

Show all results sharing these subjects:

  • Criminology and Criminal Justice
  • Penology and Punishment
  • Theories of Crime

GO

Preview

This article discusses the various theories of proportionality. The first section takes a look at the retributive proportionality principles, two varieties of retributive theory, and the ways non-retributive theories have included elements of retributive proportionality. From here the discussion shifts to two utilitarian proportionality principles and how these have been applied. This article also considers hybrid theories that combine retributive and non-retributive proportionality principles and locates these theories in current sentencing systems.

Keywords: proportionality; retributive proportionality principles; retributive theory; non-retributive theory; utilitarian proportionality principles; hybrid theories; sentencing systems

Article.  7841 words. 

Subjects: Criminology and Criminal Justice ; Penology and Punishment ; Theories of Crime

Full text: subscription required

How to subscribeRecommend to my Librarian

Buy this work at Oxford University Press »