Inaugural Transnational Junior Faculty Forum

Description

Presentation of draft: Exploring Punitiveness, Exploiting Proportionality

Looking at the increase of punitive measures in Sweden, consistently justified through references to the principle of proportionality, this paper explores what proportionality has come to mean in and for criminal law. The principle of proportionality is situated against its theoretical background, legal functions and the current punitive crime policy in Sweden, in order to make visible both how proportionality is transformed and how it in turn transforms the crime policy understanding of crime, the function of punishment and the meaning of a just criminal law. Working backwards from claims of proportionality, the paper illustrates this transformational process by looking at recent examples of punitive proportionality in Swedish legislative histories. By approaching the principle of proportionality as a discourse, the paper demonstrates how proportionality is made and remade and how proportionality can be used to justify the crime policy values that underly the current punitive notion of criminal law.

Period	2024 Sept 19
Event type	Workshop
Location	Berlin, Germany, BerlinShow on map
Degree of Recognition	International