These will consist mainly in rules about punishment.
Punishment may take forms ranging from capital punishment, flogging, forced labour, and mutilation of the body to imprisonment and fines.
Eighthly, If a Punishment be determined and prescribed in the Law it selfe, and after the crime committed, there be a greater Punishment inflicted, the excesse is not Punishment, but an act of hostility.
An initiative on the November ballot seeks to proactively protect capital punishment by enshrining it in the state’s constitution and by explicitly declaring that it is not “cruel and unusual punishment” under the Eighth Amendment.
The three basic issues of punishment are: Why punish?
Punishment might be considered the flipside of helping.
Deterrence systems of punishment recommend a simple approach to civil disobedience.
Defining the concept of punishment must be kept distinct from justifying punishment.
But the victim of the punishment does not deserve punishment – after all, he is innocent.
Justifying the practice or institution of punishment must be kept distinct from justifying any given act of punishment.
This article deals with theories and objectives of punishment and examines general systems of punishment in various countries and regions.
The retributive theory of punishment holds that punishment is justified by the moral requirement that the guilty make amends for the harm they have caused to society.
The utilitarian theory of the justification of punishment stands in opposition to the “retributive” theory, according to which punishment is intended to make the criminal “pay” for his crime.
Finally, although the practice of punishment under law may be the very perfection of punishment in human experience, most of us learn about punishment well before any encounters with the law.
Our focus here, however, will be on the moral objections to consequentialist accounts of punishment — objections, basically, that crime-reductive efficiency does not suffice to justify a system of punishment.
Aristotle, General Topics: ethics | causation: in the law | character, moral | compatibilism | determinism: causal | egalitarianism | free will | incompatibilism: (nondeterministic) theories of free will | moral responsibility | punishment | punishment, legal
See, e.g., Quinn 1985 (it is rational to threaten people with punishment for crimes, and that rationality is transmitted to punishment if they go ahead and commit crimes); Tadros 2011 (criminals have a duty to endure punishment to make up for the harm they have caused).
The interesting question, at the end of the day, then, is whether, given that institutions of punishment exist, there is a range of cases for which the instrumental costs of punishment exceed the benefits, but the intrinsic value of deserved punishment nonetheless justifies extending punishment to this range of wrongdoers.
Ninthly, Harme inflicted for a Fact done before there was a Law that forbad it, is not Punishment, but an act of Hostility: For before the Law, there is no transgression of the Law: But Punishment supposeth a fact judged, to have been a transgression of the Law; Therefore Harme inflicted before the Law made, is not Punishment, but an act of Hostility.
In other words, even if (a) there is utility in threatening people with punishment if they choose to do wrong, (b) people have a fair chance to avoid punishment by choosing not to do wrong, and (c) those who choose to do wrong deserve punishment within some institutional framework, it is not clear how an institutional account can come up with the restriction that only proportional punishment may be threatened.
punishment
noun act
- the act of punishing, or the infliction of a penalty
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In other words even if a there is utility in threatening people with punishment if they choose to do wrong b people have a fair chance to avoid punishment by choosing not to do wrong and c those who choose to do wrong deserve punishment within some institutional framework it is not clear how an institutional account can come up with the restriction that only proportional punishment may be threatened