Proportionality’s Lower Bound

Abstract Many philosophers have raised difficulties for any attempt to proportion punishment severity crime seriousness. One reason this may be that offering a full theory of proportionality is simply too ambitious. I suggest more modest project: setting lower bound on proportionate punishment. That is, metric measure when not disproportionately severe. claim severe if it imposes costs criminal wrongdoer which are no greater than the they intentionally caused others. flesh out implications Lower by discussing how crime. Methodologically, different should compared considering preferences. Substantively, many judgements undercount focusing only marginal and average cost. we hold defendants causally responsible their contribution type