Re:Hitman hires hitman who hires hitman who hires hitman who...
by dodobirdlord on Saturday October 26, 2019 @06:35PM
(#21366692)
Proportionality on outcome or proportionality on intent? If the assassin's gun misfires nobody is harmed. A punishment proportional to the outcome would be no punishment at all. But a punishment proportional to intent should not distinguish between the scenarios where the gun does and does not misfire.
It also makes sense if one rejects retribution as illegimate but accepts proportionality as a basis for limiting on punishment. (Many doctrines of criminal punishment accept both retribution as a goal and proportionality as a limit, so...)