Human Dignity

Abstract

A comprehensive jurisprudence of just punishment would thus incorporate four propositions: Justice as proportionality: Offenders should never be punished more severely than can be justified by their blameworthiness in relation to the severity of punishments justly imposed on others for the same and different offenses. Justice as fairness: Processes for responding to crimes should be publicly known, implemented in good faith, and applied even-handedly. Justice as equal treatment: Defendants and offenders should be treated as equals; their circumstance and interests should be accorded equal respect and concern when decisions affecting them are made. Justice as parsimony: Offenders should never be punished more severely than can be justified by appropriate, valid, normative purposes.