•Notwithstanding the invariant culpability principles, if a faulty or unjustified actor repeats his acts or expands his activity, that repetition sometimes reveals a new type of culpability: the defiance of moral and legal norms. Accordingly, a retributivist can indeed support a punishment premium for recidivists.
Frederick Tung & M T. Henderson,
Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments,
Iowa Law Review
Available at: http://scholarship.law.bu.edu/faculty_scholarship/27