Discussion Notes Week 3 - Discussion Notes Week Three What...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Discussion Notes Week Three What is punishment? What are its typical characteristics? Greenawalt article : 5 features 1. Responsible Agents—“one need have only sufficient mental control over one’s actions to refrain from disfavored behavior” [FCL p. 49] 2. Unpleasant Consequences 3. Condemnation—an expression of moral outrage 4. Authority 5. Standards—established rules of behavior; people should have fair warning as to what behavior is unacceptable idea of due process Theories of Punishment : Purpose of thought experiments: “The justification for any such theories is one that appeals to both our particular judgments and our more general principles, in order to show that the theory fits judgments that on reflection we are sure of, and principles that on reflection we are proud of.” [FCL, pg. 77] Two pure theories: Utilitarianism : “Punishment is justified if and only if some net social gain is achieved by it.” [FCL p. 67] Bentham: “ . . . all punishment in itself is evil. Upon the principle of utility, if it ought at all to be admitted, it ought only to be admitted in as far as it promises to exclude some greater evil.” [FCL, pg. 70] 1) Maximizing principle: “an action or institution is right if it maximally achieves whatever are intrinsically good states of affairs while minimizing whatever are intrinsically bad states of affairs.” [FCL p. 69] 2) Theory of the Good: for Bentham, happiness/pleasure; but later versions use social welfare as operationalized by, e.g., preferences (subjective) or primary goods (objective) Indirect utilitarianism: “the utilitarian calculus should be used to justify the generals standards of the criminal law [legislative context] while the application of those standards should not be guided by the welfare calculus of utilitarianism [judicial context].” [FCL, p. 70] Rule versus Act utilitarianism Potential problems with utilitarianism: 1. “the calculation of net social welfare that utilitarianism demands often cannot be equated with the intuitive demands of justice.” [FCL p. 69], e.g. utilitarianism sometimes may demand punishment of the innocent or the failure to punish the guilty a. Scapegoating: Example: punish someone who looks like D.B. Cooper in order to
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern