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Punishment

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  1. Retributivism and Public Opinion: On the Context Sensitivity of Desert.Göran Duus-Otterström - 2018 - Criminal Law and Philosophy 12 (1):125-142.
    Retributivism may seem wholly uninterested in the fit between penal policy and public opinion, but on one rendition of the theory, here called ‘popular retributivism,’ deserved punishments are constituted by the penal conventions of the community. This paper makes two claims against this view. First, the intuitive appeal of popular retributivism is undermined once we distinguish between context sensitivity and convention sensitivity about desert. Retributivism in general can freely accept context sensitivity without being committed to the stronger notion of convention (...)
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