Reading 14 Jeffrey J. Reiman Justice, Civilization, and the Death Penalty

Reading 14 Jeffrey J. Reiman Justice, Civilization, and the Death Penalty

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Reading 14 Jeffrey J. Reiman Justice, Civilization, and the Death Penalty 1. Lex talionis is an eye for an eye, so the death penalty is just. Proportional retribution is that a crime should be punished with a comparable penalty, and it doesn’t have to be identical. 2. The lex talionis and the golden rule combine to argue that people do unto others as others have done unto you, since they should be treated as equals. 3. Hegelian argues that crime upsets the quality between persons and retributive punishment restores that equality by annulling the crime. Doing unto to others have they have unto you asserts that the other has the same right toward you that you assert toward him. The utilitarian principle is against punishing the wrong doer, since as little suffering should exist in the world. 4. The Katian view is that when a rational being decides to act in a certain way he implicitly authorizes similar actions by his fellows toward him. 5. The retributive principle is that the equality and rationality of persons implies that
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Unformatted text preview: an offender deserves and his victim has the right to impose suffering on the offender equal to that which he imposed on the victim. 6. He rejects it, because he argues that some degrees of cruelty are monstrous. A proportional retribution should be taken. Also at times it would be morally wrong to impose some punishment, and refraining from doing horrible things signifies civilizing. If the reduction of horrible things we do to our fellows is an advance in civilization as long as our lives are not made more dangerous than there is no injustice. 7. Execution is as horrible as torture, because a person is subject to the power of another and experiences intense pain (emotional pain). 8. He argues that the probability of the death penalty although more frightening isn’t a bigger deterrent than life imprisonment. It does not follow that the more feared penalty will deter more than the less feared....
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This note was uploaded on 02/02/2008 for the course PHIL 140g taught by Professor Kwon during the Spring '07 term at USC.

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