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April 10, 2019

"Vague Comparisons and Proportional Sentencing"

The title of this post is the title of this new theoretical paper authored by Jacob Bronsther now on SSRN.  Here is its abstract:

The “small improvement problem” (“the Problem”) applies when no option in a comparison is best nor, it seems, are the options equal, because a small improvement to one would fail to make it the better choice.  I argue that vagueness causes the Problem, such that the options are vaguely equal or vaguely “related.” I then unpack an important instance of the Problem, the comparison between a crime and a punishment upon which the ideal of a retributively deserved sentence is based.  I argue that this comparison is not only vague, but remarkably vague, leading to an expansive array of “not undeserved” sentences.  I conclude, however, that retributivism can only justify the least harmful “not undeserved” sentence.

April 10, 2019 at 01:25 PM | Permalink

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