Abstract

In the fourth chapter, I argue that there is no satisfactory theory of proportionality in the context of punishment. By proportionality in punishmentPunishment, I mean that there is a systematic positive relation between the seriousness of a person’s wrongdoing and the maximum severity of punishment she may be given. Proportionality is a feature of most non-consequentialist theories of punishment, including forfeiture theory, retributivismJusticeretributivism, distributive-justice theory, and punishment as societal defense. Because this restriction is a central part of non-consequentialist theories of permissible threats and force, such theories are likely mistaken.