The theories of punishment in the english legal system

Thus, while he has some sense of some moral or spiritual equality among humans, it does not issue in equal respect for all persons as free, rational agents, allowing him, for example, to accept the institution of slavery as a just punishment for sin, despite the belief that God originally created humans as naturally free, because of the idea that we have all been corrupted by original sin City, pp.

Is this the best we can do in our pursuit of an adequate theory of justice? The presence of peers, such as classmates, or an even more public venue such as a pillory on a square—in modern times even press coverage—may serve two purposes: And, if he was not the founder of this secular religion, he clearly became its most effective evangelist.

While Plato accepted slavery as a legitimate social institution but argued for equal opportunity for women, in his Politics, Aristotle accepts sexual inequality while actively defending slavery. However, all the foundational elements supporting it are quite dubious: Thus, for instance, those who are equally citizens are not necessarily equal in political virtue, and those who are financially richer The theories of punishment in the english legal system not necessarily morally or mentally superior.

A decent person might selfishly benefit from being a stickler regarding following the law exactly but decide to take less or give more for the sake of the common good. Therefore there purportedly cannot be any genuine conflict between utility and justice.

Book V of his great Nicomachean Ethics deals in considerable depth with the moral and political virtue of justice. When evil is punished, it inspires people to be good, and reduces the amount of evil karma for future generations.

Deterrence Deterrence means dissuading someone from future wrongdoing, by making the punishment severe enough that the benefit gained from the offense is outweighed by the cost and probability of the punishment. In some societies, people who stole have been punished by having their hands amputated.

Such arrangements reflect the general belief in Islamic societies that the life of the individual belongs to the group rather than to the individual himself or to society as a whole.

Hinduism regards punishment as an essential part of government of the people: Thus the criminal forfeits the right to freedom and can become a legitimate prisoner of the state. All of this scriptural tradition essentially influenced medieval thinkers such as Augustine and Aquinas in a way that distinguishes them from ancient Greek philosophers such as Plato and Aristotle.

In the state of nature, all moral values are strictly relative to our desires: Community service or compensation orders are examples of this sort of penalty. In the Beatitudes beginning the Sermon on the Mount, Jesus expands on this gospel of love by advocating that his followers go beyond the duties of justice to behave with compassion in certain supererogatory ways Matthew 5: Thus, by the end of the first book, it looks as if Socrates has trounced all three of these inadequate views of justice, although he himself claims to be dissatisfied because we have only shown what justice is not, with no persuasive account of its actual nature ibid.

Restoration For minor offenses, punishment may take the form of the offender "righting the wrong. Thus we see Kant applying his own theory of justice in three areas: The imposition of fines is a traditional punishment that has grown more common in some areas. Is justice merely an instrumental good, having no intrinsic value?

Especially if a precise punishment is imposed by regulations or specified in a formal sentence, often one or more official witnesses are prescribed, or somehow specified such as from the faculty in a school or military officers to see to the correct execution.

From this emerged the general concept of dikaiosune, or justice, as a virtue that might be applied to a political society. However, after the big buildup, the positive part—what he himself maintains justice is—turns out to be a letdown.

Retributive justice Criminal activities typically give a benefit to the offender and a loss to the victim. Near the end of his life, Mill observed that it was the closest thing to a religion in which his father raised him. Marx explains the ideal of socio-economic equality he advocates with the famous slogan that all should be required to contribute to society to the extent of their abilities and all should be allowed to receive from society in accordance with their needs.

Punishment

Research in the United Stateshowever, has shown that some jurisdictions that use the death penalty have higher murder rates than those that do not. Punishment may also be used as part of the treatment for individuals with certain mental or developmental disorders, such as autism, to deter or at least reduce the occurrence of behaviors that can be injurious such as head banging or self-mutilationdangerous such as biting othersor socially stigmatizing such as stereotypical repetition of phrases or noises.Justice is the legal or philosophical theory by which fairness is administered.

As with most philosophically-driven disciplines, the concept of justice differs in every agronumericus.com early theory of justice was set out by the Ancient Greek philosopher Plato in his work The agronumericus.comtes of divine command theory say that justice issues from God.

Western Theories of Justice. Justice is one of the most important moral and political concepts. The word comes from the Latin jus, meaning right or law.

The Oxford English Dictionary defines the “just” person as one who typically “does what is morally right” and is disposed to “giving everyone his or her due,” offering the word “fair” as a synonym. Discipline & Punish: The Birth of the Prison [Michel Foucault, Alan Sheridan] on agronumericus.com *FREE* shipping on qualifying offers.

In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul. Western Theories of Justice.

Western Theories of Justice

Justice is one of the most important moral and political concepts. The word comes from the Latin jus, meaning right or law. The Oxford English Dictionary defines the “just” person as one who typically “does what is morally right” and is disposed to “giving everyone his or her due,” offering the word “fair” as a synonym.

Punishment: Punishment, the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or command). Punishment may take forms ranging from capital punishment, flogging, forced labour, and mutilation of the body to imprisonment and. Justice is the legal or philosophical theory by which fairness is administered.

As with most philosophically-driven disciplines, the concept of justice differs in every agronumericus.com early theory of justice was set out by the Ancient Greek philosopher Plato in his work The agronumericus.comtes of divine command theory say that justice issues from God.

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The theories of punishment in the english legal system
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