Against Proportionality: Proportionality Is not a Side-Constraint on Punishment

Author(s):  
Stephen Kershnar
Keyword(s):  
1982 ◽  
Vol 9 (4) ◽  
pp. 287-296 ◽  
Author(s):  
V. Aggarwal ◽  
Y.P. Aneja ◽  
K.P.K. Nair

Author(s):  
Arka P. Chattopadhyay ◽  
Elizabeth Frink ◽  
Kevin Lease ◽  
X. J. Xin

Buckling of plates and tubes plays an important role in structural safety and energy absorption. Although buckling of plates and tubes has been studied theoretically and experimentally in the past, the effects of aspect ratio and side constraint on buckling of multi-wall structures and tubes has not been investigated systematically. In this work, finite element simulations have been carried out to investigate the buckling behavior of multi-wall structures and tubes. A series of one- to three-panel walls and square tubes with various aspect ratios were simulated. The critical aspect ratios causing buckling mode transition were obtained and compared with theoretical predictions available in the literature. Effects of wall angle and side constraint on buckling behavior were investigated. The relevance of research findings to honeycomb-like structures was discussed.


Author(s):  
Sungmoon Kim

This chapter explores a distributive principle that is integral to pragmatic Confucian democracy—what I call Confucian democratic sufficientarianism. Confucian democratic sufficientarianism critically embraces liberal sufficientarianism’s positive thesis stipulating the threshold of sufficiency but roundly rejects the negative thesis, which allows unlimited desert-based inequalities beyond the threshold of sufficiency. After deriving four propositions from classical Confucianism (namely, equal sufficiency, objectively high threshold standard, deserved inequalities, and constrained inequality) and presenting them as constituting the classical Confucian doctrine of sufficiency, the chapter then reconstructs it into Confucian democratic sufficientarianism by installing public equality as a side constraint that prevents deserved inequalities beyond the threshold of sufficiency from eroding an equal social relationship among citizens. Confucian democratic sufficientarianism is distinguished importantly from liberal democratic sufficientarianism as well because its main currency of distribution is not so much equal public standing as such, but the well-being of the people.


Author(s):  
Gabrielle Watson

This chapter continues to subject a series of unexamined beliefs on respect and criminal justice to critical scrutiny and challenge. There is a shift in focus to prison mealtime, whose pivotal role in shaping the experiences of prisoners has been considerably understated. The chapter is prefaced with a short commentary on prison mealtime in historical context. It is then structured around three key stages of contemporary prison mealtime—preparation, consumption, and resistance—which I propose as organising categories for critiquing the practice. When the authorities treat respect as a weak side-constraint on the pursuit of instrumental outcomes rather than a foundational value of the regime itself, it undermines those responsible for preparing food, degrades prisoners who have no choice but to consume it, and exacerbates the experiences of those who—for reasons of religious belief, physical or mental ill-health, or in protest—resist or refuse it.


2020 ◽  
pp. 106591292095849
Author(s):  
Adrian Blau

Central to much critical theory is the critique of instrumental rationality (roughly, the ability to pick good means to ends). This critique is overstated, I suggest. Critical theorists often depict instrumental rationality too narrowly, and many criticize the wrong target, for example, attacking capitalist instrumental rationality when the fundamental problem is capitalism, not instrumental rationality. Nonetheless, critical theorists’ critique requires certain changes to orthodox accounts of instrumental rationality. I offer a more palatable definition, highlight instrumental rationality’s essential contestability, and show that it can actually help us pick ends. Everyone needs instrumental rationality, especially Habermasian critical theorists. And far from instrumental rationality being amoral, I argue that because instrumental rationality almost always involves multiple ends, one end may prohibit immoral means, acting as a side-constraint. Ultimately, the substance of critical theorists’ critiques remains highly important but should not be framed in opposition to instrumental rationality.


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