Proportionate punishment mirrors distributive justice in reverse.
Evidence
The guilty party who has harmed or stolen from others should, if at all possible, compensate his victims and should suffer in proportion to the advantage he had unfairly sought to enjoy. Here, punishment involves both restorative and retributive justice and is the symmetric counterpart of distributive justice and mutual help. Just as people give resources to others when others are entitled to them or need them, people take away resources from those who are not entitled to them and impose a cost on others that is proportionate to the benefit they might have unfairly enjoyed. — Nicolas Baumard, A mutualistic approach to morality, 90
Categorization
- DEFINE: Defines the mutualistic proportionality principle connecting restorative and retributive justice.
- XREF: connects to: Punishment functions as negative redistribution to correct prior unfair gains — Nicolas Baumard, A mutualistic approach to morality: The…, 175; Punishment scales with the unfairness of the wrongdoing, not with deterrence needs — Nicolas Baumard, A mutualistic approach to morality: The…, 103; Objective criminal law also protects the criminal from excess punishment — Georg Simmel, on individuality and social forms_…, 431 (+1 more)
Related
- Punishment functions as negative redistribution to correct prior unfair gains (similarity 0.87)
- Punishment scales with the unfairness of the wrongdoing, not with deterrence needs (similarity 0.85)
- Rights to the product of contribution vanish when the input itself is unfairly acquired. (similarity 0.78)
Broader Connections
- Punishment functions as negative redistribution to correct prior unfair gains
#expands(0.92) — Nicolas Baumard, A mutualistic approach to morality, 175 - Punishment scales with the unfairness of the wrongdoing, not with deterrence needs
#corroborates(0.85) — Nicolas Baumard, A mutualistic approach to morality, 103 - Objective criminal law also protects the criminal from excess punishment
#expands(0.75) — Georg Simmel, on individuality and social forms_…, 431