The Function of Punishment

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The Function of Punishment

"Justice must not only be done but seen to be done". Most would agree

with this statement - the wicked must surely be punished (or should

they? - do two wrongs make a right?) but why is it so important that

the punishment must be seen to be done? To the utilitarian the answer

is simple - punishment must be witnessed in order to deter others from

committing the same act. Thus, to a utilitarian the perception of

punishment is seen as the main, or even the sole, justification for

punishment. Of course, if the wrongdoer is sent to prison for any

length of time he is incapacitated, and thus excluded from doing

further harm. Further, while being punished there may be at least the

hope that the wrongdoer repents and reforms. Both these consequences

are compatible with utilitarian principles as they both serve to

reduce the harm caused by anti-social behaviour. Seen in this way

punishment can be said to have a tripartite function - to deter, to

reform, and to incapacitate. The extent to which any of these

functions are successful is a matter of debate, as is the extent to

which any one of these functions should take priority. Although the

length of this essay precludes any real discussion on this subject, it

would perhaps be as well to mention that broadly speaking those that

stress the importance of reform tend to be of the liberal disposition,

whereas conservatives tend to put more emphasis on the deterrent

aspect of punishment. Both perspectives however are essentially

utilitarian as they both see the function of punishment as being to

minimise the overall quantity of suffering . Also it would perhaps be

true...

... middle of paper ...

...ld be an

extraordinary indictment of human nature. Incorporated in any concept

of punishment must be the concept of justice, and as Strawson points

out, incorporated in the concept of justice is the psychological needs

of society and especially of the victim. Thus, the purpose of

punishment should not only include Justice but must be Justice.

References

Mabbott (1956) Punishment - reprinted from Mind and Philosophy

(April 1956) publisher not known - lecture handout.

Mill.J.S. (1868) Cited in Singer - Applied Ethics (1986) Oxford

University press

Strawson P.F (1982) Freedom and Resentment - cited in Whitely D (1998)

The victim and the Justification of Punishment. Gale Group.

Solomon R. (1990) A Passion for Justice - cited in Whitely D.(1998)

The Victim and the Justification of Punishment. Gale Group.

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