Posted: February 17th, 2022

Criminal Punishment: Utility vs. Retribution

Eva Rivera three/7/13 Phil 108 – EthicsShort Paper #2 Criminal Punishment: Utility vs. Retribution Chapter 10 – Matter #three The observe of punishment is a part of our society and capabilities to keep up social order. Nevertheless, there are a pair totally different view factors concerning appropriately perform punishment. Retribution and Utilitarianism are two philosophies which have very totally different views on the speculation of punishment. Thinker Immanuel Kant asserts that Retribution is the mannequin for punishment.
Kant argues that punishment must be ruled by two rules: 1. folks must be punished solely given that they’ve dedicated a criminal offense and a pair of. punishment is to be in proportion to the severity of the crime (Rachels 142). For instance, a small punishment is appropriate for a small crime and a extra critical punishment is appropriate for a extra critical crime. Moreover, Retribution implies that an individual committing a criminal offense shall be held liable for their actions.
Kant’s ethical concept states people, having the capability to purpose and make decisions for themselves, must be held accountable. If we don’t, then we’re treating them as in the event that they weren’t rational, cheap brokers. Moreover, justification of punishment comes from the character of the crime and doesn’t take into account if the results are good or unhealthy, simply that the particular person pays the penalty for having dedicated the crime. This view level is vastly totally different that the Utilitarian mannequin of punishment (Bzdak PP). The Utilitarian view level all the time considers the results of punishment.

The muse of Utilitarianism is that happiness is the final word objective and we have to do no matter we will to maximise this. Punishment is flawed (immoral) as a result of it’s, inherently, an sad circumstance. Nevertheless, punishment is ethical if the nice outweighs the unhealthy. Punishment ought to result in good penalties; it ought to Help the particular person being punished so each society and the felony profit. The precept of rehabilitation is at play right here and the objective is to do no matter is required to make the felony a productive member of society.
The view of Retribution not solely differs with Utilitarianism on the view of penalties but in addition human integrity or dignity. The Utilitarian justification of rehabilitation isn’t consistent with Retribution. Retributivists would say that it’s disrespectful to people to deal with them as if they weren’t rational beings and due to this, must be rehabilitated. As acknowledged earlier than, there are solely two rules governing punishment – having carried out the crime and receiving an applicable punishment – disregarding different causes like penalties.
For my part, I believe that retribution is extra interesting than the utilitarian view. The most important issue that sways me to retribution is the priority of those that don’t commit crimes. Retribution is barely involved with those that commit crimes be held accountable. Utilitarians can simply justify punishing an harmless particular person on the grounds that it could profit the higher happiness of the world. References Rachels, S. , & Rachels, J. (2012). The weather of ethical philosophy (seventh ed. ). New York: McGraw-Hill.

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