The Utilitarian Theory Of Punishment - 1494 Words

In this paper I will defend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. Before beginning to make claims in any direction, a brief and to-date synopsis of the utilitarian fundamentals regarding punishment will be necessary. From there, I will present the utilitarian theories of punishment as not only the most useful for a society, but also the best representation of criminal law being carried out justly. Following this assertion I will refute objections made by retributivists, and in doing so present a discovered common ground between the retributory criteria for just punishment and the utilitarian theories. This will not serve to say I believe in impure retributivism over the utilitarian theories, but rather will act as testament to the practicality of the utilitarian approach. Finally, I will propose the most ethical response to criminality is found from the utilitarian fundam entals of societal well-being, mentioning specifically the vindictive theories of punishment as meeting the utilitarian criteria. To the utilitarian, punishment is not an end in itself for the actions of a wrongdoer. Utilitarians and I believe punishment should serve as a larger means to an end that will benefit the future while righting the criminal actions of the past by employing deterrence, rehabilitation, and the disablement of the unjust human in the perpetual attempt to increase overallShow MoreRelatedThe Retributive And Utilitarian Theory Of Punishment1478 Words   |  6 Pages Punishment is any kind of negative penalty inflicted on the wrong doer to prevent him from doing wrong in the future. Though there is no specific definition for punishment, it implies all those acts that are required to teach the wrong doer a lesson. Taking a negative step towards the offender. Since the evolution of time, there have been many sociologists who have given their theories on punishment and how the offender should be punished. The theories vary in terms of approach takenRead MoreUtilitarian Theory of Punishment in the Criminal Justice System763 Words   |  4 PagesThere is an ongoing problem in our society regarding punishment and responsibility. We, as a society, tend to look away when it comes to how criminals are being punished and maybe we should be paying more attention. Violence seems to be an integral part of our society, some raise their children with violence, we watch it on television, read it in newspapers and books and now we are even playin g violent video games. When it comes to the judicial system the majority of citizens do not even know howRead MoreRetributivism Vs Utilitarian Theory1730 Words   |  7 Pagesimmorally. A common response to immoral behavior is punishments, which leads me to ask the question: how is punishment justified? In his article â€Å"The Classic Debate†, American legal philosopher Joel Feinberg lays out the main points of discourse between the two major theories of justified punishment, which I will deconstruct. Feinberg asserts that there are two main theories used to justify punishment: Retributivism and Utilitarianism. These two theories supposedly oppose each other such that they areRead MoreThe Utilitarian Reasoning Of An Unbiased Manner1167 Words   |  5 Pages(Cohen and Ahn, 2016). The utilitarian reasoning process is hypothesized to be logical and controlled. The individual weighs the features that go into determining objective utility in an unbiased manner. Such reasonin g will lead to the objective utilitarian conclusion (Cohen and Ahn, 2016). Since this reasoning process requires the manipulation of information and is under cognitive control, it uses working memory and it often takes time (Cohen and Ahn, 2016). Cohen and Ahn (2016) argue thatRead MoreCapital Punishment And The Death Penalty1714 Words   |  7 PagesCapital punishment, or the death penalty is the legally authorized death of an individual as punishment for a heinous crime, typically one that involves murder. The legality of it varies by state and it continues to be a contentious topic of discussion in the United States. Furthermore, in recent decades, public opinion has been shifting from a supportive stance to an unsupportive stance on the use of the death penalty. It is now perceived by most people to be an unethical, immoral, and expensiveRead MoreJustification And Justification Of The Penal System1171 Words   |  5 PagesPunishment in general can obviously be justified (in the traditional sense of the term) on utilitarian grounds. Nevertheless, usually its justification is not asked for. Because justification of punishment, in general is unnecessary. It is the justification of particular infliction of pain (or punishm ent) that can be enquired of. As a man can legitimately ask for justification of a particular law of a state. However, nobody enquires of the justification of legal system or of law in general. It isRead MoreReward and Punishment Essay1128 Words   |  5 Pagesour reward and punishment systems. Let’s take a look at how each of these is used in America. First we have reward. â€Å"Reward is one method of distributing on a fair and just basis the good we are concerned with† (Thiroux, and Krasemann 122). Reward is very desirable in many people eyes. We have the need to be rewarded for our efforts, whether it is at work or at home. There are two major theories that deal with how reward should be distributed which are retributivist and utilitarian. RetributivistRead MoreThe Ethics Of Care : An Argument Against Mill s Utilitarianism922 Words   |  4 PagesIn Support of Held’s Ethics of Care: An Argument Against Mill’s Utilitarianism in Crime and Punishment by Fyodor Dostoevsky This ethics study will define the problem of utilitarianism in the â€Å"ethics of care proposed by Virginia Held (2006) within the literary context of Crime and Punishment by Fyodor Dostoevsky. Held (2006) defines the problem of utilitarian ethics as an abstraction of emotions in moral issues, which alienates the individual in the care process. This method denies the premiseRead MoreConsequentialism, By John Stuart Mill Essay971 Words   |  4 PagesConsequentialism is a broad ethical theory that describes one s actions to be good or bad depending solely upon the consequences of those actions. The distinguishing element of this theory from others is that the action itself has no value without analyzing the expected consequences, as explained by William H. Shaw in â€Å"Consequentialism†, â€Å"...when it comes to rightness or wrongness, nothing matters but the results of our actions† (Shaw 28). Then the question is, what exactly does it mean for a consequenceRead M oreThe Function of Punishment Essay1447 Words   |  6 PagesThe Function of Punishment Justice must not only be done but seen to be done. Most would agree with this statement - the wicked must surely be punished (or should they? - do two wrongs make a right?) but why is it so important that the punishment must be seen to be done? To the utilitarian the answer is simple - punishment must be witnessed in order to deter others from committing the same act. Thus, to a utilitarian the perception of punishment is seen as the main