Full Description
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them.
In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.
Contents
Preface
Michael Tonry
1. Is Proportionality in Punishment Possible, and Achievable?
Michael Tonry
2. Weighing Relative and Absolute Proportionality in Punishment
Göran Duus-Otterström
3. Proportionality and the Seriousness of Crimes
Jesper Ryberg
4. The Place of Proportionality in Penal Theory: Or Re-thinking Thinking about Punishment
Matt Matravers
5. The Metric of Punishment Severity: A Puzzle about the Principle of Proportionality
Douglas Husak
6. Penal Severity and the Modern State
Richard L. Lippke
7. The Time of Punishment: Proportionality and the Sentencing of Historic Crimes
Julian V. Roberts
8. The Time Frame Challenge to Retributivism
Adam J. Kolber
9. Humane Neoclassicism: Proportionality and Other Values in Nordic Sentencing
Tapio Lappi-Seppälä
