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ISBN: 9781552215395-18

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Proportionality and the Experience of Punishment

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From: Sentencing in Canada

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Chapter 18 explores the emergence of individualized proportionality as a fundamental principle of sentencing in Canada. The chapter discusses the history of this principle and the challenges and promise it holds for the future.

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Benjamin L. Berger

Benjamin L Berger is a professor and York Research Chair in Pluralism and Public Law at Osgoode Hall Law School, York University. His areas of research and teaching specialization are criminal and constitutional law and theory, the law of evidence, and law and religion. He is the author of Law’s Religion: Religious Difference and the Claims of Constitutionalism (University of Toronto Press, 2015) and a co-editor of Criminal Law and Procedure: Cases and Materials (Emond) and Evidence: A Canadian Casebook (Emond). He is a general editor of the Hart series titled Constitutional Systems of the World.