Law I / What Punishment Is For
Practice question · Multiple choice

Why does a justification of punishment built purely on prevention need an external limit imported from somewhere else?

Hints
  1. Ask what a purely deterrent calculation would say about a very severe penalty for a common minor offence.
  2. The missing element is an upper bound, not a reason.
Show the answer

D. Prevention supplies a reason to punish but no ceiling, so on its own it permits any penalty that would work

Why

Because deterrence answers "how much punishment is useful?" and never "how much is deserved?". If a spectacular penalty for a common minor offence would suppress it, a purely preventive theory has no principled objection. The limit has to be imported — usually from desert, sometimes from proportionality as a constitutional principle — which is why almost every modern account is mixed.

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