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date: 24 January 2021

Abstract and Keywords

This article discusses the various theories of proportionality. The first section takes a look at the retributive proportionality principles, two varieties of retributive theory, and the ways non-retributive theories have included elements of retributive proportionality. From here the discussion shifts to two utilitarian proportionality principles and how these have been applied. This article also considers hybrid theories that combine retributive and non-retributive proportionality principles and locates these theories in current sentencing systems.

Keywords: proportionality, retributive proportionality principles, retributive theory, non-retributive theory, utilitarian proportionality principles, hybrid theories, sentencing systems

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