Discussion Of Bentham's Level Of Punishment

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According to Bentham there is a very specific degree to what makes an action a criminal or noncriminal offense and how to adhere a level of punishment to each action has to be given according to the actions involved. This paper will address how the rules of Bentham’s view work and to what degree they may not work so well and how. There are conditions that make punishments appropriate and others not so appropriate. Bentham addresses how the interaction between the rules and what actions occur are how to determine what level of punishment should be given and potentially if any punishment should be given at all. Bentham covers to what degree the punishment should be felt by those who did the crime and others who may find the crime beneficial …show more content…

In order to make that decision Bentham addresses each action while acknowledging that all forms of punishment is a form of harm or mischief created being put into society and that the overall goal is to create less harm. All punishment is bad and is only essential when it is lessening a greater evil or danger, setting an example is the major aim of punishment. The condition Bentham uses are as follows, in cases where the punishment is groundless accounts for cases where there is a level of consent or an exchange of harm for benefit when the act is happening. The second condition is used in cases where the punishment would be ineffective, meaning the punishment is not assigned until after the act is completed and therefore cannot be used to deter the person committing the crime. If the punishment cannot deter the act from being done in the first place than it has rendered itself ineffective and useless. If the punishment cannot be effective to deter the individual from committing the act in the first place, especially due to its non-existence or propensity of statement then it renders the punishment null. The third condition is as follows where the punishment itself is unprofitable and creates a greater harm, danger, or evil than the act that was committed. The last of the four conditions is in cases where the punishment isn’t needed in a way that a smaller act could be used to inform or …show more content…

The main one we are addressing here is titled Rule 1, in which the amount of punishment must always outweigh the amount of profit made from committing the crime. The supplementing rules that Bentham speaks about are titled Rules 7-9 in which 7 speaks about how the punishment must allow for an amount of severity that throws doubt on the reason to commit the act, deterring the person from having as much reason to commit the act to begin with. In Rule 8, the punishment must be increased in severity so that the crime itself falls short on it’s worth in committing in the first place. Lastly, Rule 9 addresses when the act indicates a habit or repetition of a set of behaviors the punishment must address the act itself and the behaviors that may be repeated through habit in the severity of the punishment. So not only is the punishment severe enough to serve as sufficient for the individual act it’s addressing it also is a punishment that is addressing like behaviors and actions the person may have performed before and may as well perform in the

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