Abstract
Von Hirsch has presented me with a dilemma. As he says, “Proportionality in the Philosophy of Punishment” is a “substantially revised” version of the paper originally prepared for the Jerusalem conference. Its predecessor, “Allocating Penalties”, was in part a response to my “Criminal Desert, Harm, and Fairness”, the paper I prepared for the conference. “Proportionality” is instead (if only in part) a response to what I said at the conference — the “Postscript” cited in its footnotes.Here is the dilemma. On the one hand: I could leave “Postscript” more or less as I gave it. That would preserve the historical record, but at some cost. I would have missed a chance to advance discussion of important issues. I would also have caused an anomaly in the order of papers printed here. On the other hand: I could rewrite “Postscript”, making it a response to “Proportionality” rather than to “Allocating Penalties”.
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