By Jesper Ryberg
The philosophical dialogue of country punishment is easily on in years. against this with quite a few moral difficulties that are all for correct and incorrect on the subject of a narrowly particular zone of human existence and perform and which hav- at the least because the early 70’s - been considered as a valid a part of philosophical considering constituting the realm of utilized ethics, reflections on punishment should be traced a lot additional again within the background of western philosophy. this isn't astonishing. That the stately mandated infliction of dying, pain, or deprivation on electorate can be met with hesitation - from which moral reflections could depar- turns out noticeable. the sort of perform definitely demands a few persuasive justification. it's for this reason normal that reflective minds have for a very long time committed recognition to punishment and that the query of ways a penal approach could be justified has constituted the relevant query in philosophical dialogue. even though it should definitely be an exaggeration to assert that the justification query is the one element of punishment with which philosophers were involved, there has in so much sessions been a transparent tendency to treat this because the cardinal factor. relatively less cognizance has been dedicated to the extra distinct questions of ways, and what kind of, criminals could be punished for his or her respective wrong-doings. this can, after all, be because of numerous reasons.
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Extra resources for The Ethics Of Proportionate Punishment: A Critical Investigation
Example text
The way the argument was presented, I assumed that crime C2 was more serious than C1, but that more hard treatment was required to provide the preventive reason against committing C1 than against committing C2. However, it would be sufficient to assume that the prudential disincentives to perform respectively C1 and C2 are the same. In which case, the performance of the two crimes should according to the theory be responded to with the same amount of hard treatment, and the extra amount of blame which is required by a proper response to C2 could then be conveyed in a different way.
As indicated, one of the ideas which underlines Duff’s theory is that people are often unwilling to face up to their wrong-doings. If one has committed a wrong there might well be a powerful temptation to evade the issue by self-deceptive excuses or justifications. When hard treatment is inflicted on a criminal it may therefore well be the case that the suffering is not readily accepted by the person as a penance. The hard treatment will then function as a way of persuading the criminal to accept as a penance the hard treatment that is imposed.
A burden the magnitude of which corresponds to that of the unfair benefit. A point which has, in this connection, sometimes been made, is whether the balance of benefits and burdens can actually be restored through punishment. It has been suggested that a balance may be restored, for instance, by returning stolen goods or by restituting the victim of a crime, but not by punishing the perpetrator. Punishing a criminal and restoring a balance of benefits and 66 burdens are, or so it has been claimed, quite different from one another.