Hybrid Distributive Principles

Document Type

Book Chapter

Publication Date

9-25-2008

Abstract

This chapter discusses the construction of an articulated hybrid distributive principle. When alternative principles conflict, a principled hybrid must define which of the competing principles is to be followed. This may be done by relying upon the principle with the greatest punishment, establishing priorities, distinguishing determining principles from limiting principles, combining principles to give a result influenced in part by all principles, and distinguishing liability assignment and amount of punishment from the method of punishment The American Law Institute's distributive principle of “limiting retributivism” is discussed.

Keywords

articulated hybrid distributive principle, punishment, limiting retributivism

Publication Title

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

DOI

https://doi.org/10.1093/acprof:oso/9780195365757.003.0011

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