Proportionality

Author(s):  
Michael Tonry

Proportionality theory’s influence is waning. It is beset by challenges. Some, such as difficulties in scaling crime seriousness and punishment severity, and linking them, are primarily analytical and of interest mostly to theorists. Others, such as trade-offs between proportionality and crime prevention, relate to real-world applications. Proportionality theory does support two injunctions with which most people, citizens, scholars, and professionals alike, would say they agree. First, no one should be punished more severely than he or she deserves. Second, all else being equal, people who commit more serious crimes should be punished more severely than people who commit less serious ones, and vice versa. Converting that principled agreement into real-world policies and practices is not easy. The post-Enlightenment values of fairness, equality, justice, and parsimony that underlie proportionality theory, however, are widely accepted and are likely to remain influential even if punishment paradigms once again shift. Proportionality theory is likely to be eclipsed but not to disappear.

Author(s):  
Michael Tonry

Proportionality theory’s influence is waning. It is beset by challenges. Some, such as difficulties in scaling crime seriousness and punishment severity, and linking them, are primarily analytical and of interest mostly to theorists. Others, such as trade-offs between proportionality and crime prevention, relate to real world applications. The big question is whether the challenges are epiphenomenal and portend displacement of retribution as the most intellectually influential normative frame of reference for thinking about punishment. My best guess is yes. The lesser question is whether proportionality theory can provide satisfactory answers to core questions about crime seriousness, punishment severity, and links between them. Alas, it cannot. Proportionality theory does, however, support two injunctions with which most people, citizens, scholars, and professionals alike, would say they agree. First, no one should be punished more severely than he or she deserves. Second, all else being equal, people who commit more serious crimes should be punished more severely than people who commit less serious ones, and vice versa. Converting that principled agreement into real-world policies and practices is not easy. The post-Enlightenment values of fairness, equality, justice, and parsimony, however, that underlie proportionality theory, are widely accepted and are likely to remain influential even if punishment paradigms once again shift. Proportionality theory is likely to be eclipsed but not to disappear.


Interest in retributive theory, and emphasis on proportionality between crime and punishment as a requirement of justice, revived in English-speaking countries in the 1970s. After less than a half century, however, retributivism’s influence is waning. It is beset by challenges. Some, such as difficulties in scaling crime seriousness and punishment severity, and linking them, are primarily analytical and of interest mostly to theorists. Others, such as trade-offs between proportionality and crime prevention, relate to real-world applications. Both sets of challenges can be explored in their own terms, and solutions can be sought. The bigger question, though, is whether the challenges are epiphenomenal and portend displacement of retribution as the most intellectually influential normative frame of reference for thinking about punishment. Only time will tell whether retributivism is in terminal decline. Most likely, the difficulties contemporary philosophers face are as much a reflection of a change in the zeitgeist, in prevailing sensibilities, in mentalités as of sudden realization that retributive ideas offer less guidance for thinking about punishment than was widely understood.


2020 ◽  
Vol 6 (2) ◽  
pp. 215-232 ◽  
Author(s):  
Rowan Page ◽  
Kieran John

Translational design is an increasingly important objective for universities as research institutions are seeking to play a more active role in the commercialization of fundamental medical research. Practice-based designers working within these academic contexts have a skill set that positions them to make a contribution to translating fundamental research into real-world applications. Real world applications of research that are informed by the needs of end-users and actioned through the creation of medical device prototypes. The translational designer’s toolkit includes a range of methodologies, frameworks, procedures and processes to identify problems, conceptualize ideas and create functional prototypes. Progressing research towards commercialization through prototyping is one of the most important skills leveraged by translational design researchers. This article details two case studies of practice-based design research within a large Australian university. It discusses the role of design prototyping as a key part of a lean and integrated development process that relies on accumulative rounds of iteration and interdisciplinary collaboration mediated through artefacts. Design prototyping is used within these projects to bring ideas to life and enable more effective communication between diverse stakeholder groups spanning across academia and industry, and across the boundaries of research and application. This article unpacks the key role of prototyping as a translational tool to iteratively test, refine and conceptually verify ideas, while additionally providing boundary objects for effective communication. This discussion addresses the benefits and limitations of prototyping as a translational tool, including the ability of prototyping to save time and development costs, explore constraints and trade-offs, and communicate with industry partners and end-users through tactile objects and/or real experiences. Design prototyping is an efficient and effective process that embraces failure in early stages of development, where the consequences are limited and the benefit substantial. The article explores how prototyping can provide the backbone to industrial design researchers working in translational contexts to drive development to real-world application and to effectively engage with research end-users.


Crystals ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 256
Author(s):  
Christian Rodenbücher ◽  
Kristof Szot

Transition metal oxides with ABO3 or BO2 structures have become one of the major research fields in solid state science, as they exhibit an impressive variety of unusual and exotic phenomena with potential for their exploitation in real-world applications [...]


Entropy ◽  
2021 ◽  
Vol 23 (1) ◽  
pp. 110
Author(s):  
Wei Ding ◽  
Sansit Patnaik ◽  
Sai Sidhardh ◽  
Fabio Semperlotti

Distributed-order fractional calculus (DOFC) is a rapidly emerging branch of the broader area of fractional calculus that has important and far-reaching applications for the modeling of complex systems. DOFC generalizes the intrinsic multiscale nature of constant and variable-order fractional operators opening significant opportunities to model systems whose behavior stems from the complex interplay and superposition of nonlocal and memory effects occurring over a multitude of scales. In recent years, a significant amount of studies focusing on mathematical aspects and real-world applications of DOFC have been produced. However, a systematic review of the available literature and of the state-of-the-art of DOFC as it pertains, specifically, to real-world applications is still lacking. This review article is intended to provide the reader a road map to understand the early development of DOFC and the progressive evolution and application to the modeling of complex real-world problems. The review starts by offering a brief introduction to the mathematics of DOFC, including analytical and numerical methods, and it continues providing an extensive overview of the applications of DOFC to fields like viscoelasticity, transport processes, and control theory that have seen most of the research activity to date.


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