Proportional punishment cannot be derived from any fixed schedule of offenses
Evidence
For example, rapists are not punished by being raped, nor are arsonists punished by being set on fire. Nathanson (2012) raises a more serious problem that applies even to murder. The reprehensibility of behavior cannot be judged solely from the behavior. Murder committed in self-defense is judged differently from premeditated murder. Mitigating circumstances alter its reprehensibility. In short, “an eye for an eye” has become a slogan rather than a principle for fitting punishments for crimes. — Albert Bandura, Moral Disengagement, 1882
Categorization
- DEFINE: Clarifies why ‘eye for an eye’ is a slogan, not an applicable principle.
- corroborated: 2 independent passages support this claim — Albert Bandura, Moral Disengagement: How People Do Harm…, 1882