Lecture Notes for 2

Lecture Notes for 2 - Lecture Notes for 2/24 1. Utilitarian...

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Lecture Notes for 2/24 1. Utilitarian basis of deterrence theory Moral equality: every counts as one and no one counts as more than one. Punishment as an evil. So, punishment can only be justified if it creates more good than harm overall, and if it counts everyone in the initial calculation, So, offenders count, and no excessive punishment (more than needed to deter) is justified. Kinds of deterrence: special (incapacitation) and general. 2. Kantian basis of retributivism Moral equality: everyone is entitled to be treated as an end, never merely as a means, no matter what they have done. Punishment is not an evil, but is deserved by offender in proportion to the offense and is a social obligation to avoid complicity. Cottingham’s and Walker’s list 1) Repayment (core notion) 2) desert (Honderich) Punishment is justified because it is deserved. 3) penalty (Mabbott). Logical thesis: punishment must “look backward” to the crime. . 4) minimalism (guilt as necessary condition)
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Lecture Notes for 2 - Lecture Notes for 2/24 1. Utilitarian...

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