By Whitley R.P. Kaufman
This e-book addresses the matter of justifying the establishment of felony punishment. It examines the “paradox of retribution”: the truth that we can't appear to reject the instinct that punishment is morally required, and but we won't (even after thousand years of philosophical debate) discover a morally valid foundation for causing damage on wrongdoers. The ebook comes at a time whilst a brand new “abolitionist” circulate has arisen, a move that argues that we should always surrender the hunt for justification and settle for that punishment is morally unjustifiable and may be discontinued instantly. This publication, although, proposes a brand new method of the retributive idea of punishment, arguing that it's going to be understood in its conventional formula that has been lengthy forgotten or pushed aside: that punishment is basically a safety of the honour of the sufferer. thoroughly understood, this may supply us the potential for a sound ethical justification for the establishment of punishment.
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Extra resources for Honor and Revenge: A Theory of Punishment
Some commentators claim that currently in the United States the primary goal of punishment is incapacitation (Zimring and Hawkins 1995, v). Such a claim is highly controversial; however, it may be that the popular success of such programs as California’s “three strikes” law rests not on deterrence grounds but on incapacitation: those individuals who prove they are repeat offenders are best handled simply by keeping them off the streets, “out” of the game. One of the attractions of the incapacitation theory is that, unlike rehabilitation, it is extraordinarily simple to institute effectively; while unlike deterrence, it does not require controversial and difficult empirical studies to establish its effectiveness (though whether it is cost-effective is another matter entirely).
It is that the consequentialist recognizes no moral constraints on the pursuit of consequences. But this is precisely what makes the theory intuitively unacceptable. ) are usually termed “deontological constraints,” though they do not necessarily presuppose a Kantian-style deontology (for example, a virtue theorist can hold that the virtue of honesty provides a reason not to lie even for the sake of good results). Of course, in order to know just what the constraints are (as well as how they interact with consequences) we would need a fully developed moral theory, a project beyond the scope of the present discussion.
Though Ronald Reagan hailed the incident as a courageous act of self-defense, it quickly became clear that this was a case of mistaken identification: the plane was in fact an Iranian passenger flight carrying 290 passengers. The nation of Iran quickly pledged revenge, blood for blood. Six months later, the Lockerbie bombing book place, taking almost the identical number of lives. 32 2 Punishment as Crime Prevention However, in August 1990 Saddam Hussein invaded Kuwait. , 6). A new lead investigator, Vincent Cannistraro (whose claim to fame was his earlier efforts to destabilize the Libyan government) was installed, and the investigation abruptly shifted: “the suspect country was no longer Iran but Libya,” and al-Megrahi (along with another Libyan) were now the prime suspects.