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Do Theories of Punishment Necessarily Deliver a Binary System of Verdicts? An Exploratory Essay
Social Science Research Network
Scholars writing on theories of punishment generally try to answer two main questions: what human behaviour should be punished and why? Only cursorily do they concern themselves with the question as to how confident in the occurrence of criminal behaviour we must be prior to punishing-i.e., the question of the criminal standard of proof. Theories of punishment are ultimately theories about choices of action-in particular, about how to treat individuals. If this is correct, it seems that theydoi:10.2139/ssrn.2758205 fatcat:dt275ofjffgetcduoj6kcgsaba