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Utilitarianism views on capital punishment
Utilitarian views on punishment
Utilitarianism views on capital punishment
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In Crime and Punishment, Fyodor Dostoevsky invites the reader to explore the results of fully embracing utilitarianism as a moral philosophy. The novel does this through Rodya, a character who adopts utilitarianism and acts in unsettling ways. I will argue Dostoevsky does not challenge the core premises of utilitarianism, but instead asks the reader to think about the consequences of this ideology. Rodya, who is the incarnate of this worldview, is both secular as well as utilitarian to the extreme. Rodya’s absolutist commitment to consequentialism is evidenced when he is persuaded, at least in part, to kill Alyona by the conversation he overhears. In this conversation, one of the speakers gives a passionate argument for Alyona’s murder:
“On
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Such a reader might also view Rodya’s ethics as missing a key feature of the reader’s own ethics that would prohibit murdering Alyona but would leave the secular and consequentialist nature of morality intact. For example, rule utilitarians could make a strong case that the greater good is best served by prohibiting vigalantee murders, even if they could sometimes do more good than harm. Such a reader may even accuse Dostoevsky of straw-manning utilitarians as all supporting a type of act utilitarianism that is particularly easy to argue against. However, to do so would be to ignore context, as the distinction between act utilitarianism and rule utilitarianism was largely not fleshed out at the time the novel was written. A utilitarian reader may also argue that the novel fails to advance any real philosophical argument against utilitarianism. I would agree with them. Crime and Punishment does not attack any supposed contradictions in utilitarian thought or directly challenge utilitarianism’s premises. Instead, Dostoevsky merely presents the consequences of utilitarian thinking in Rodya and asks the reader to consider whether such actions are really the pinnacle of morality. This appeal to moral intuition is not likely to convince someone who has already thought deeply about these issues and come to agree with the …show more content…
For example, Peter Singer, one of the contemporary world’s leading utilitarians, believes “parents should be given the choice to have their disabled babies killed after they are born.” (ABC News Australia) While such a position will strike most people as terrifyingly immoral, this emotional response does not (in absence of further argument such as, say, a defense of natural law theory) constitute an actual argument against Singer’s (or Rodya’s)
Throughout the ages, death penalty has always been a controversial topic and triggered numerous insightful discussion. In Kroll’s Unquiet Death of Robert Harris, the writer employs pathos as an appeal throughout the whole article in order to convince the audiences that death penalty is “something indescribably ugly” and “nakedly barbaric”. While Mencken makes use of ethos and logos and builds his arguments in a more constructive and effective way to prove that death penalty is necessary and should exist in the social system.
In the argument for abolishing or retention of the death penalty, Igor Primoratz took the Pro-retributivism stand for the retention of the death penalty. In Primoratz’s “A Life for A Life,” he argues against the abolitionists utilitarianism stand on the issue of the death penalty. Primoratz argues on the premises that- (a) “Punishment is morally Justified insofar as it is meted out as retribution for offense committed” (Primoratz 356.) (b) Death is the only proportional punishment for murder; (c) Death is the only effective deterrence measure for murder. In response to Primoratz choice to use Kant’s Retributivism argument as the basis for his pro-retention argument for the death penalty, similarly Kant’s Categorical Imperative will be used as a measuring stick to validate or refute Primoratz’s argument for the retention of the death penalty.
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The "muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital punishment in the United States today. The impractical concurrence of a theoretical, moral argument and definite, legal application has left all sides in this controversy dissatisfied with the ultimate handling of the issue. There are legitimate ethical and empirical considerations that stand on both the side that favors and on the side that opposes the death penalty. The general incompatibility of these considerations renders them irreconcilable. It is within this condition of irreconcilability that the government must initiate and implement its policies regarding capital punishment. This fixed condition has led to the necessity for and creation of comprises between both sites of this debate, attempting to synthesize the considerations of the two. The contentious issue of the capital punishment was rekindled in the 1970s when, in 1976, the Supreme reinstated the practice after a four-year hiatus. The arguments that comprise much of the legal debate on the issue stem from the eighth and fourteenth amendments to the United States Constitution. The eighth reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 1
What would the criminal justice system be without punishment? Perhaps, the criminal justice system would not serve a function or cease to exist. Punishment is one of the main facets of the criminal justice system. It holds such significance that it even reflects the beliefs and values of a particular society. Fyodor Dostoyevsky (1821-1881) once said “The degree of civilization in a society can be judged by entering its prisons.” (Pollock, 2010: 315). Punishment has been around since the beginning of civilization. With its rich history, the concept of punishment has been analyzed by some of the most renowned theorists, some of which include Jeremy Bentham, Cesare Beccaria, Adolphe Quetelet and André-Michel Guerry (Pollock, 2010: 318). Once found guilty of an offense the type of punishment must be determined. There are many different rationales used to answer why it is necessary to inflict punishment. Rationales for punishment include retribution, prevention, treatment and rehabilitation. To better understand these rationales ethical systems such as utilitarianism, ethical formalism and ethics of care can be used. The general public should be knowledgeable about punishment, even more so should professionals in the criminal justice field because they are directly linked to it in some way.
In the article “The Penalty of Death”, written by H. L. Mencken, utilitarian principles are used to cover up for a system that wants results. All of the reasons that Mencken gives as justifications do not give concrete evidence of why the death penalty should continue as a means of punishment. The article states, “Any lesser penalty leaves them feeling that the criminal has got the better of society...” This statement alone demonstrates how he believes the death penalty brings justice and satisfaction to the people. Mencken creates the points he makes in his article in order to give society a way to make the death penalty seem less intrusive on moral principles and more of a necessary act.
In Martin Perlmutter's essay "Desert and Capital Punishment," he attempts to illustrate that social utility is a poor method of evaluating the legitimacy of it. Perlmutter claims that a punishment must be "backward looking," meaning that it is based on a past wrongdoing. A utilitarian justification of capital punishment strays from the definition of the term "punishment" because it is "forward looking." An argument for social utility maintains that the death penalty should result in a greater good and the consequences must outweigh the harm, thereby increasing overall happiness in the world. Perlmutter recognizes the three potential benefits of a punishment as the rehabilitation of an offender, protection for other possible victims, and deterring other people from committing the same crime. The death penalty however, obviously does not rehabilitate a victim nor does it do a better job at protecting other potential victims than life imprisonment. Since a punishment must inflict harm on an individual, deterrence is the only argument that utilitarians can use to defend the death penalty. The question then ari...
Utilitarianism was long thought to violate the Principle of Retributive Justice, the concept of being punished for crimes committed. Under closer examination, it is revealed that Utilitarianism and Retributive Justice do not clash. According to Mill, the concept of justice is actually derived from utility. When an individual's moral rights are violated, it is a natural tendency to want to retaliate against the violator. The retaliation ensures that such an act would not happen again. By protecting individuals from the violation of rights, punishment contributes to an overall increase of utility in society. In Utilitarianism, Mill writes that "a person may possibly not need the benefits of others, but he always needs that they should not do him hurt" (Mill 89). This protection allows individuals to follow their own pursuits more effectively, without fear, and ultimately with more utility. At the same time, Mill also argues that certain cases exist where an individual has a moral duty to do an action that would be considered unjust under normal circumstances; however, due to the action drastically increasing utility, the action is allowed to be done and does not violate the Principle of Retributive Justice. An act that would be considered "wrong" in a normal situation can be "right" in other situations. One such example is the case of Robin Hood. Robin Hood is a fictional character who steals material goods and money from very rich individuals and redistributes those items to the very poor. He is not punished for his crimes, and is hailed as a hero for his deeds. While the case of Robin Hood might seem to violate the Principle of Retributive Justice because he receives no retribution for his actions, under closer consideration, this...
would reject even the notion of deliberating about the act of murder in such a
Dostoevsky, Feodor. Crime and Punishment. Trans. Jessie Coulson. Ed. George Gibian. New York: Norton, 1989.
Capital punishment is a difficult subject for a lot of people because many question whether or not it is ethical to kill a convicted criminal. In order to critically analyze whether or not it is ethical, I will look at the issue using a utilitarianism approach because in order to get a good grasp of this topic we need to look at how the decision will impact us in the future. The utilitarianism approach will help us to examine this issue and see what some of the consequences are with this topic of capital punishment. For years, capital punishment has been used against criminals and continues to be used today, but lately this type of punishment has come into question because of the ethical question.
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
The Ethics of Capital Punishment Ethics is "the study of standards of right and wrong. " philosophy dealing with moral conduct, duty and judgement. ' [1] Capital Punishment is the death penalty for a crime. The word "capital" in "capital punishment" refers to a person's head as in the past. people were often executed by severing their heads from their bodies.
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
In order to defend my standing in this argument I will reason that the use of capital punishment has many benefits that trump any possible objections. Special attention will be given to the topics of deterrence, the families of the victims, and the increased population that has been occurring within our prisons. Any possible objections will also be assessed including criticism regarding the monetary value of the use of the death penalty and opposition to this practice due to its characteristics, which some identify as hypocritical and inhumane. My goal in arguing for the moral justifiability of capital punishment is not to use this practice extensively but rather to reduce the use to a minimum and use it only when necessary.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.