PHI 306 Exam 3 Study Guide

PHI 306 Exam 3 Study Guide - PHI 306 Exam 3 Study Guide: 1....

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PHI 306 Exam 3 Study Guide: 1. What is the definition of a right that is absolute? What is the definition of a conditional right? What examples of each kind of right were offered in lecture? Absolute Right: a right is absolute iff. the right holds in all circumstances whatsoever. Ex: the right to not be raped Conditional Right: a right is conditional iff. the right holds in some circumstances but not all circumstances. Ex: freedom of speech 2. What is the function of punishment according to the Retributivist Theory of Punishment? State the three principles of the Retributivist Theory. The function of punishment, according to the Retributivist Theory of Punishment, is to deprive the criminal of his happiness to the extent to which the crime is wrong. Principles: 1.) The crime must have been committed voluntarily and in a sane state of mind in order for punishment to be administered. 2.) The severity of the punishment must match the severity of the crime. 3.) The function of punishment is to deprive the criminal of his/her happiness. 3. What is the function of punishment according to the Nonretributivist Theory of Punishment? State the two principles of the Nonretributivist Theory. The function of punishment is to do some good such as correct the criminal, deter future potential criminals, and protect society. Principles: 1.) If two punishments do the same amount of good, but one of them is less severe, only the less severe punishment should be employed. 2.) If two punishments are equally severe, but one of them does more good than the other, only the one that does more good should be employed. 4. Can a Retributivist be against the death penalty? Can a Nonretributivist be in favor of the death penalty? Explain both cases and give examples that show that your answers are true. Yes, he can be a pacifist and a retributivist. He may believe that there are penalties that are as severe as death, such as life-long imprisonment.
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Yes, a utilitarian (nonretributivist) can be in favor of the death penalty, when it does more good than any other options. Consider a lifer who murders people while in prison. 5. What is Marshall’s position on the death penalty? How does he argue against the “utilitarian” (i.e., nonretributivist) reasons for the death penalty? How does he argue against the purely retributive reason for the death penalty? What are the three conditions that were said in lecture to be, according to Marshall, the content of “the dignity and worth” of a human being? What according to Marshall does the dignity and worth of a human being have to do with the death penalty? Is Marshall against killing in a just war or in self defense? What kind of a right does the dignity and worth of a human give him or her against being killed? What according to the instructor was the main strength of Marshall’s position? The main weakness? Marshall is against the death penalty.
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PHI 306 Exam 3 Study Guide - PHI 306 Exam 3 Study Guide: 1....

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