RT Article
T1 Proximity, pain, and State punishment
JF Punishment & society
VO 20
IS 2
SP 235
OP 254
A1 Hayes, David
LA English
YR 2018
UL https://krimdok.uni-tuebingen.de/Record/1743480725
AB This article examines the difficulties of calculating the severity of sentences presented by differences in individual penal subjects’ experiences, a key challenge to proportionality-based justifications of punishment. It explores the basic arguments for and against recognising subjective experience, before advancing a model of penal severity based upon the proximity of the pains of punishment to penal State actions. This model could partially resolve foundational problems in giving criminally just sentences. Whilst we cannot wholly reconcile penal subjectivism and objectivism, there are still some opportunities to improve penal policy and sentencing practice by adopting a proximity model for penal severity.
K1 Measurement
K1 Pains of punishment
K1 Penal Policy
K1 penal severity
K1 Sentencing
DO 10.1177/1462474517701303