Phil 104-11-13-12

Criminality punishment must be commensurate to the

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Unformatted text preview: l –  It keeps us fixed on the right thing to do –  It is the center of the moral compass –  One with impunity can be thought of as immoral because they do not suffer the burden of infrac2ons •  In Bri2sh society at the 2me Bentham was wri2ng, punishment had become so excessive that it lacked an educa2ve func2on Penology vs. criminality Punishment must be commensurate to the infrac2on. Thus, Bentham began the science of penology, which is different from criminality Punishment must be both a benefit for society and a deterrent for those who might commit infrac2ons •  It should not burden society as a whole or its social u2lity is lost. When the burdens of punishing criminals excessive, it is no longer beneficial to society The Penal Society •  Punishment, like morality is about the nego2a2on of burdens and benefits •  The U.S. is one of the most puni2ve socie2es in the world and has one of the largest prison popula2ons –  This has an adverse effect on society –  The prison system is bankrup2ng the California government •  Bentham had begun to separate personal morality from social morality –  He’s not asking whether the criminal is personally bad; rather, he’s saying we can punish someone for breaking the law, but this is not a judgment of his character Can socie2es be considered moral Can this en2ty (society) be moral even if the cons2tuents are not moral? Can we think of a collec2vity as a moral en2ty? We would say Nazi Germany was immoral whereas the U.S. during the same 2me period was not wholly moral, but less immoral than Nazi Germany Moral is the spliang of the burdens and benefits of society: –  When all of the burdens of society are placed on a popula2on we have a hierarchy/oligarchy Whether a society can be moral is what U2litarianism ASKS The Crisis of Modern Morality •  The Ancient Greeks and Medieval thinkers held that morality, happin...
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This note was uploaded on 02/23/2013 for the course PHI 104 taught by Professor Roberteason during the Spring '07 term at SUNY Stony Brook.

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