A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert

Document Type

Book Chapter

Publication Date

9-25-2008

Abstract

This chapter proposes a hybrid distributive principle centered on empirical desert. A summary of the proposed distributive principle includes: primary principle of empirical desert, inconspicuous deviations, deviations to more effectively control crime, deviations to advance interests other than crime control, and method of punishment. Deviations from empirical desert, strategies for avoiding deviations from empirical desert, and the limits of criminal law's distributive principle are discussed.

Keywords

criminal justice, hybrid principle, crime control, criminal law, method of punishment

Publication Title

Distributive Principles of Criminal Law: Who Should be Punished How Much

DOI

https://doi.org/10.1093/acprof:oso/9780195365757.003.0012

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