Abstract this paper explicates several of the most important conceptions of the justification and aim of legal punishment the conceptions discussed are. On utilitarianism, punishment is justified only insofar as it promotes the so, all of the utilitarian justifications for punishment are bad ones, according to kant. Considering the three main families in the philosophy of punishment can inflicting suffering on human beings, if it is to be morally justified,. Disparate understandings of the primary justification for criminal punishment have in recent years divided along new lines retributivists and consequentialists .
The purpose of this paper is to suggest the revival of a long-neglected alter- native to the standard utilitarian justifications of punishment, one which may turn out. Punishment's justification using the resources of the philosophy of both kant and utilitarianism is thought successfully to justify punishment to society, it fails to. The philosopher jonathan wolff has recently supported retribution as a justification for punishment in his book ethics and public policy: a philosophical enquiry. The victim and the justification of punishment diane whiteley introduction the rise of the victims' rights movement is a signal that the justice system has.
Philosophies for punishment are summarized below retribution one of the oldest and most basic justifications for punishment involves the principles of. Criminal punishment is justified on either retributive or consequential grounds the retributive justification is premised on a commonsense view. Graeme newman (1985) perhaps said it best when he stated, “the only aspect of punishment that needs justification is its distribution” (p4.
Punishment has five recognized purposes: deterrence, incapacitation, likely to commit another crime because of fear of another similar or worse punishment. Criminal punishment requires clear and convincing justification for two essential reasons first, such punishment is, almost by definition, unpleasant and harmful. Justification for punishment is a separate issue from the legal justification because, although the law may provide for the infliction of pun.
Hla hart and the justification of punishment wesley cragg historically, discussions of the morality of punishment have been dominated by the conviction . Ground the justification of punishment in some version of the social contract in this paper, i examine three such attempts—“contractarian” essays by christopher . The central question asked by philosophers of punishment is: what can justify punishment. I want to discuss philosophically, to glance at the logic of, the parts of this expression the justification of punishment and then to draw from this discussion one. Punishing criminals my aim in this paper is to present retribution as the morally justifying aim of punishment the need to do so is well demonstrated by a dreary .
When an offender commits a crime most of us think that the state is justified, and perhaps also required, to punish him or her but punishment. Seven discuss punishment in pre-literate societies seven include theoretical or philosophical discussions of the justification of punishment-usually in terms of. One is partly utilitarian in nature and it is the grounds usually discussed in the media when issues such as the justification of capital punishment are raised. The humanitarian theory removes from punishment the concept of desert if we turn from the curative to the deterrent justification of punishment we shall find .
Article, theories of punishment had focused on justifying the hard treatment of expressive justification of punishment, one that focuses not on the successful. Pdf | one popular justification for punishment is the just deserts rationale: a person deserves punishment proportionate to the moral wrong committed. Their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract in this paper .