Cmpgroup2readingnotesfeb17

Emily Best:

"The Rationale of Punishment" Chapters 1,3,4,9

*Definition of Punishment-an evil resulting to an individual from the direct intention of another, on account of some act that appears to have been done, or omitted.
—Key parts:
-direct: punishment is the direct intention of someone; therefore if it is an incidental evil, it is not punishment
-on account: if the evil be not on account of some act that has been done or omitted, is not a punishment
-appears: whether an act as appears to have been done, or was actually was done, does not matter

—Must distinguish 2 things: viz
1. The act by which the evil is considered as being produced (what caused it)
2. What is considered as being the result of that same act, the evil itself which is thus produced (consequence)

—3 ways to prevent reoccurance of an act:
1.By taking from him the physical power of offending (incapacitation)
2.By taking away the desire of offending (reformation)
3.By making him afraid of offending (intimidation)

—Cases where punishment should not be inflicted:
1.Where it is groundless (case where there is content)
2.Where it must be inefficacious (example:ex post facto law)
3.Where it is unprofitable or too expensive (evil of the punishment exceeds the evil of the act committed)
4.Where it is needless (purpose of putting an end to the practice may be attained as effectually at a cheaper rate, by instruction, for instance, as well as by terror)

—Law of Retaliation: rule which states that, in the way of punishment, the doing to a delinquent the same hurt he/she has done (one might perhaps add, or attempted to do) to another
+ "eye for an eye"
-advantages: simplicity, popularity, provides justice
-disadvantages: in large number of cases it is physically inapplicable (committed treason..how can they suffer an evil similar to that?)

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License