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Exploring Punitiveness, Exploiting Proportionality: Discursively Reverse-Engineering Punitive Proportionality as an Approach Towards Contemporary Criminal Law and Criminal Justice Policy

Nikka, Sigrid LU orcid (2025) In German Law Journal p.1-22
Abstract (Swedish)
The proportionality between crime and punishment is made, and the way it is made makes for a certain kind of criminal law. By analyzing how punitive measures are justified in Swedish criminal law and crime policy through appeals to proportionality, the Article demonstrates how proportionality has been made and remade to legitimize an increasingly punitive crime policy, obscuring the reasons for these legislative changes. The Article thus calls for the principle of proportionality to be dismantled and employs a discursive approach to reverse-engineer claims of proportionality in Swedish legislative proposals. The purpose of this approach is to make visible the meanings and limits of the contemporary crime policy understanding of crime,... (More)
The proportionality between crime and punishment is made, and the way it is made makes for a certain kind of criminal law. By analyzing how punitive measures are justified in Swedish criminal law and crime policy through appeals to proportionality, the Article demonstrates how proportionality has been made and remade to legitimize an increasingly punitive crime policy, obscuring the reasons for these legislative changes. The Article thus calls for the principle of proportionality to be dismantled and employs a discursive approach to reverse-engineer claims of proportionality in Swedish legislative proposals. The purpose of this approach is to make visible the meanings and limits of the contemporary crime policy understanding of crime, punishment, and a just criminal law. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Straffrätt, Proportionalitet, Brottspolitik, WPR, Straffbarhet, Criminal law, Punitiveness, Crime policy, Proportinality, Penalty value, Censure, Damage, Culpability, WPR
in
German Law Journal
pages
1 - 22
publisher
Cambridge University Press
ISSN
2071-8322
DOI
10.1017/glj.2025.10174
language
English
LU publication?
yes
id
7daa98a2-6523-4d17-b921-faeb303fafa6
date added to LUP
2025-12-18 09:24:31
date last changed
2025-12-19 09:18:04
@article{7daa98a2-6523-4d17-b921-faeb303fafa6,
  abstract     = {{The proportionality between crime and punishment is made, and the way it is made makes for a certain kind of criminal law. By analyzing how punitive measures are justified in Swedish criminal law and crime policy through appeals to proportionality, the Article demonstrates how proportionality has been made and remade to legitimize an increasingly punitive crime policy, obscuring the reasons for these legislative changes. The Article thus calls for the principle of proportionality to be dismantled and employs a discursive approach to reverse-engineer claims of proportionality in Swedish legislative proposals. The purpose of this approach is to make visible the meanings and limits of the contemporary crime policy understanding of crime, punishment, and a just criminal law.}},
  author       = {{Nikka, Sigrid}},
  issn         = {{2071-8322}},
  keywords     = {{Straffrätt; Proportionalitet; Brottspolitik; WPR; Straffbarhet; Criminal law; Punitiveness; Crime policy; Proportinality; Penalty value; Censure; Damage; Culpability; WPR}},
  language     = {{eng}},
  month        = {{12}},
  pages        = {{1--22}},
  publisher    = {{Cambridge University Press}},
  series       = {{German Law Journal}},
  title        = {{Exploring Punitiveness, Exploiting Proportionality: Discursively Reverse-Engineering Punitive Proportionality as an Approach Towards Contemporary Criminal Law and Criminal Justice Policy}},
  url          = {{http://dx.doi.org/10.1017/glj.2025.10174}},
  doi          = {{10.1017/glj.2025.10174}},
  year         = {{2025}},
}