Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Philosophical justification for punishment?
The justifications for punishment in modern society
Justification in punishment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Philosophical justification for punishment?
Why punish? Is the use of punishment ever Justified? In Punishment: The Supposed Justifications Revisited, Ted Honderich aim to answer these questions. Society needs to establish a well thought-out moral explanation as to why we punish and what we strive to achieve with the use of punishment as it is at the core of our punitive system. Honderich set out to analyze the supposed moral claims that justify the use of punishment and to determine if they are reasonable enough for the intentional infliction of suffering and deprivation.
What are the claims as to why punishment should be morally used? The author looks at three main justifications of punishment. Those who believe that the offender deserves to be chastised for his or her crime justify punishment by appealing to desert thereby retributive in nature thus backward-looking. The justification of punishment
…show more content…
The core justification for forward-looking theories is that punishment reduces crime. His argument against incapacitation as a means of preventing crime is convincing. In reference to statistical facts he showed prison does not prevent crime, maybe to the outside world but in actuality crime if the same offence, rape, is higher in prison. I believe rather than just focusing on prison as a form of incapacitation in preventing crime what about the permanent incapacitative punishment other than the capital punishment? Would crime be prevented if we cut off the hands of a thief? Or castrate a sex offender? It is common sense to agree that prison will not prevent future crimes as criminals often become hardened with their crimes as they are with like-minded people who feel their imprisonment is unjustified. We cannot determine the through effect of incapacitation in reducing crime if the only source of study is the
Have you ever wonder if there is any good justification for the policy of punishing people for breaking laws? Boonin’s definition of punishment consists of Authorized, Reprobative, Retributive, Intentional Harm. The problem of punishment incorporates three different answers. Consequentialism, which makes punishment beneficial (will do good for the people later in the future). Retributivism punishment is a fitting response to crime. As well as, the option of ‘other’ punishment can be a source of education, or expressive matter. Moreover a fourth answer can be an alternative called restitution, punishment is not necessary for social order. In The Problem of Punishment, by David Boonin deeply studies a wide range of theories that explain why the institutions is morally permitted to punish criminals. Boonin argues that no state , no-one succeeds with punishment. To make his argument stronger, he endorses abolitionism, the view
The death penalty, a subject that is often the cause of major controversy, has become an integral part of the southern justice system in recent years. The supporters and opponents of this issue have heatedly debated each other about whether or not the death penalty should be allowed. They back their arguments with moral, logical, and ethical appeals, as seen in the essays by Ed Koch and David Bruck. Although both authors are on opposite sides of the issue, they use the same ideas to back up their argument, while ignoring others that they don’t have evidence for. Koch and Bruck’s use of moral, logical, and ethical persuasion enhance both of their arguments and place a certain importance on the issue of the death penalty, making the readers come to the realization that it is more than just life and death, or right and wrong; there are so many implications that make the issue much more 3-dimensional. In dealing with politics and controversial issues such as capital punishment.
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The "muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital punishment in the United States today. The impractical concurrence of a theoretical, moral argument and definite, legal application has left all sides in this controversy dissatisfied with the ultimate handling of the issue. There are legitimate ethical and empirical considerations that stand on both the side that favors and on the side that opposes the death penalty. The general incompatibility of these considerations renders them irreconcilable. It is within this condition of irreconcilability that the government must initiate and implement its policies regarding capital punishment. This fixed condition has led to the necessity for and creation of comprises between both sites of this debate, attempting to synthesize the considerations of the two. The contentious issue of the capital punishment was rekindled in the 1970s when, in 1976, the Supreme reinstated the practice after a four-year hiatus. The arguments that comprise much of the legal debate on the issue stem from the eighth and fourteenth amendments to the United States Constitution. The eighth reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 1
In what follows, I evaluate what I take to be the most compelling argument in support of restraint. For ease of exposition, I shall refer to this argument as the argument from respect. What is that argument?
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
The capital punishment has been cited as a reasonable sentence by those who advocate for retribution. This is essentially when it comes to justice so that people take full responsibility for their individual actions. Studies have proved that the decision to take away life of a person because they committed a certain crime serves to perpetuate the crime in question. It also serves to enhance the progress of organized and violent crime. It has been noted that various flaws in the justice system has led to the wrong conviction of innocent people. On the other hand, the guilty have also been set free, and a plethora of several cases has come up when a critical look at the capital punishment has been undertaken. Killers hardly kill their victims deliberately, but they probably act on anger, passion, or impulsively. In this regard, it is not proper to convict them exclusively without
Is the death penalty cruel and unusual punishment? Explain. Should the death penalty be banned in each state, should it be expanded to all states, or should it be left up to each individual state and why? Explain your response in detail. Refer to the Botched execution article for specific evidence (8th and 9th amendment).
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
Herbert Morris and Jean Hampton both view punishment as important to a healthy society. However, their views on what kind of role does punishment plays in a healthy society are vastly different. Morris believes that when one commits a crime they “owe a debt to the society and the person they wronged” and, therefore the punishment of that person is retributive, and a right for those who committed this wrong (270). Hampton, on the other hand, believes that punishment is a good for those who have strayed in the path of being morally right. Out of the two views presented, I believe that Hampton view is more plausible, and rightly places punishment as a constructive good that is better suited for society than Morris’s view.
In the following paper, the above question will attempt to be answered by looking at the background of capital punishment and the death penalty, the ideas behind it, viable alternatives, and finally, the effectiveness of the death penalty at deterring crime.
Ezorsky, G. (1972). Philosophical Perspectives on Punishment. Justice and Punishment. Albany, New York. State University of New York. Print.
This essay will show that the United States is on an execution rampage. Since capital punishment was reinstated by the Supreme Court in the 1976 Gregg v. Georgia decision(Gregg), more than 525 men and women have been put to death by the state. More than 150 of these executions have taken place since 1996. 3,500 people are on death row today, awaiting their turn with the executioner. Capital punishment has existed throughout most of the course of our nation's history.
Crime is everywhere. Wherever we look, we find criminals and crime. Criminals have become a part of our daily lives. Does this mean we let them be the darkness of our society? No, definitely not. Eliminating crime and criminals is our duty, and we cannot ignore it. Getting the rightly accused to a just punishment is very important. Some criminals commit a crime because they have no other option to survive, but some do it for fun. I do not advocate death penalty for everybody. A person, who stole bread from a grocery store, definitely does not deserve death penalty. However, a serial killer, who kills people for fun or for his personal gain, definitely deserves death penalty. Death penalty should continue in order to eliminate the garbage of our society. Not everybody deserves to die, but some people definitely do. I support death penalty because of several reasons. Firstly, I believe that death penalty serves as a deterrent and helps in reducing crime. Secondly, it is true that death penalty is irreversible, but it is hard to kill a wrongly convicted person due to the several chances given to the convicted to prove his innocence. Thirdly, death penalty assures safety of the society by eliminating these criminals. Finally, I believe in "lex tallionis" - a life for a life.
A period of change from one state to another, transition, it’s never easy. In the book Crime and Punishment, by Fyodor Dostoevsky, the characters lives take place during a time of struggle. People make desperate decisions in time of struggle, making poor decisions cause characters to appear bad but upon closer inspection, goodness can be found. In the short story Young Goodman Brown, Nathaniel Hawthorne tells the tale of man that constantly faces an inner battle between good and evil. In both stories we see the conflict of good vs. evil within the characters that lead them to making their final transformations that evidently lead to their sanity or their demise.
they? - do two wrongs make a right?) but why is it so important that