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Punishment in today's society
The place of punishment in contemporary society
Utilitarian perspective on criminal punishment
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Recommended: Punishment in today's society
In this paper, I will argue that Nietzsche’s view on punishment morally is skewed simply because I believe that a healthy moral individual would not be at rest while another human is being tortured. However, to a certain extent and in some specific situations, many would disagree with me. As for Foucault’s speculation on morality I will agree to certain extent as well.
It is quite apparent Nietzsche wants to point out the irony pertaining to punishment. His perspective on punishment is that punishment –at least at some points in history, is a practice for the sake of to seeking retribution, revenge and ironically enough cheerfulness. Nietzsche characterizes the relationship between punishment and morality as historically dynamic and unstable, but, notably, at one times more in a cheerful behavior. Nietzsche criticizes retributivists (the people who judge others before they judge themselves) and utilitarians who seek justice or deterrence as the essence of punishment. Nietzsche argues that in order for the cruelty in punishment to be understood we have to learn to see punishment as always festival-like, or, punishment always involves a kind of festival of cruelty that contemporary moralists (e.g. utilitarians) try to hide with their somber, “downer” accounts of punishment (without cruelty).
For Foucault—similarly or on the other hand, however, Foucault’s speculation on punishment and morality is that punishment is used, also for a variety of reasons, also unstable and dynamic historically. Foucault focuses in particular on a change in our ideas about punishment like Nietzsche. In the first situation, where punishment is more “festival-like” as Nietzsche would say, the joy is not for the people as much as it is for a festival to...
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... punishment of the old regime” (Foucault, 111) Here, Foucault is describing how the powerful used the guilty as an example for the viewers. I want to compare this to a death sentence that is fairly commonly used in America. When someone commits capital offense a gruesome act, the American government will use its authority to portray its power. I agree with Foucault idea when he states that the viewers will in fact learn a lesson by witnessing the power of government over its citizens. Nietzsche’s perception however illustrates that the spectators should view this act as a cheerful one rather than one to invoke power. I personally feel that using punishment as a technique to make spectators joyous does not solve the problem that needs to be solved. As a healthy moral human being I believe that punishing someone should never be used as an amusing and pleasurable view.
In "The Ultimate Punishment: A Defense", why does the author believe maldistribution of punishment in itself does not make the death penalty unjust?
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.
Victor Rios is a previous gang member, whom “was given the opportunity” to get out of the youth control complex. In his book “Punished”, he analyzes the experiences of young black and Latino boys in Oakland, California. Rios gives us an intimate description of some of the everyday forms of “hyper discrimination” these minority boys experience. This book review will focus on the main concepts explained in chapters one through three from the book Punished: Policing the Lives of Black and Latino Boys.
The Punishment Imperative, a book based on the transition from a time when punishment was thought to be necessarily harsh to a time where reform in the prion system is needed, explains the reasons why the grand social experiment of severe punishment did not work. The authors of the book, Todd R. Clear and Natasha A. Frost, strongly argue that the previous mindset of harsh punishment has been replaced due to political shifts, firsthand evidence, and spending issues within the government. Clear and Frost successfully assert their argument throughout the book using quantitative and qualitative information spanning from government policies to the reintegration of previous convicts into society.
Nietzsche describes the creditor/debtor relation as a manifestation of guilt present within the individual, which in turn makes them feel like they owe something to another. Because of this relationship, the individual to whom the guilt is directed assumes the position of the creditor; this is how the relationship between the creditor and debtor begins. The creditor requires the debtor to suffer in some way partially for his or her own satisfaction partially as a repayment of the guilt. Although this is not, in Nietzsche's opinion, the origin plan it is however its current use . Thus the inclusion of the principle of equalization of suffering is introduced. In order to equalize the debt that the debtor owes and partially as a manifestation of power on the part of the creditor, the creditor punishes the debtor to equalize the balance. Having analyzed this, Nietzsche clearly defines this relationship of suffering between creditor/debtor to be the major component in justice, which is purposed to bring about moral righteousness.
Friedrich Nietzsche’s “On the Genealogy of Morality” includes his theory on man’s development of “bad conscience.” Nietzsche believes that when transitioning from a free-roaming individual to a member of a community, man had to suppress his “will to power,” his natural “instinct of freedom”(59). The governing community threatened its members with punishment for violation of its laws, its “morality of customs,” thereby creating a uniform and predictable man (36). With fear of punishment curtailing his behavior, man was no longer allowed the freedom to indulge his every instinct. He turned his aggressive focus inward, became ashamed of his natural animal instincts, judged himself as inherently evil, and developed a bad conscience (46). Throughout the work, Nietzsche uses decidedly negative terms to describe “bad conscience,” calling it ugly (59), a sickness (60), or an illness (56); leading some to assume that he views “bad conscience” as a bad thing. However, Nietzsche hints at a different view when calling bad conscience a “sickness rather like pregnancy” (60). This analogy equates the pain and suffering of a pregnant woman to the suffering of man when his instincts are repressed. Therefore, just as the pain of pregnancy gives birth to something joyful, Nietzsche’s analogy implies that the negative state of bad conscience may also “give birth” to something positive. Nietzsche hopes for the birth of the “sovereign individual” – a man who is autonomous, not indebted to the morality of custom, and who has regained his free will. An examination of Nietzsche’s theory on the evolution of man’s bad conscience will reveal: even though bad conscience has caused man to turn against himself and has resulted in the stagnation of his will, Ni...
“If one speaks about torture, one must take care not to exaggerate,” Jean Améry view of torture comes from a place of uneasiness (22). He discusses in his book At The Mind’s Limits, about the torture that he underwent while a prisoner in Auschwitz. In his chapter titled “Torture”, he goes into deep description of not only the torture he endured, but also how that torture never leaves a person. Améry goes to great lengths to make sure that the torture he speaks of is accurate and as he says on page 22, not exaggerated.
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.
When one considers the extensive degree to which modern philosophy has invested in scrutinizing the subject of morality, the default reaction would perhaps be one of amenable acceptance. After all, the significance of morality is obvious, and questions such as what constitutes as moral and how exactly does one become moral have been matters of contention for maybe longer than philosophy has even existed. It can be said therefore, that philosophy is steadfast in its fascination with everything morality. It is also precisely this almost fanatic obsession with morality that Nietzsche is so critical of. This is not to say the he would reject the importance or even the necessity of morality altogether. He is concerned however, that
Friedrich Nietzsche was a critic and a German Philosopher from the 18th century. Nietzsche was the father of psychoanalysis and he formulated several philosophical concepts that have greatly contributed to the understanding of human nature. Nietzsche ideas had been misinterpreted by many people over time specifically, due to his style of writing. Nietzsche style of writing was adopted to strengthen his arguments on various controversial topics. In this paper, I will discuss Nietzsche’s idea of naturalistic morality, master morality, self-mastery morality, and how they connect with the affirmation of nature and strength.
In his essay, H.L. Mencken, claims that the death penalty should be used as a means to katharsis or a way of revenge. This does not, however, fit in to our justice system as a whole. Our justice system is set up to give convicted criminals a sentence that adheres to their crime, yes, but it is not a complete eye for an eye system. We sentence people to time in jail or probation or some other sort of retribution that we have predetermined fit to punish these criminals. The justice system does not sentence a rapist to be raped, nor does it sentence someone that has mutilated another person to be mutilated themselves. Instead they sentence these people to jail or community service of some sort. It would not be logical or moral to only punish one type of criminal with a different form of punishment. It does not make sense to make to jail sentence continually worse and then just jump to a new form of punishment for something society considers the worst.
In doing so, Foucault famously compares contemporary society to a prison- “prison is not so unlike what happens every day.” Ultimately, Foucault attempts to exemplify
The holocaust attested that morality is adaptable in severe conditions. Traditional morality stopped to be contained by the barbed wires of the concentration camps. Inside the camps, prisoners were not dealt like humans and thus adapted animal-like behavior needed to survive. The “ordinary moral world” (86) Primo Levi refers in his autobiographical novel Se questo è un uomo (If This Is a Man or Survival in Auschwitz), stops to exist; the meanings and applications of words such as “good,” “evil,” “just,” and “unjust” begin to merge and the differences between these opposites turn vague. Continued existence in Auschwitz demanded abolition of one’s self-respect and human dignity. Vulnerability to unending dehumanization certainly directs one to be dehumanized, thrusting one to resort on mental, physical, and social adaptation to be able to preserve one’s life and personality. It is in this adaptation that the line distinguishing right and wrong starts to deform.
This essay will attempt to look at the above view in depth, to answer the question of what the characteristic of modern punishment is for Durkheim. The essay will then move onto Foucault and his views. I will deal with each view separately, as is not easy to contrast and compare their views because they have a very different outlook on society.
In the early modern era in Europe, public executions were the primary punishment given to members of society who were involved in criminal behavior. This form of punishment served to showcase the absolute power of the state, King and church to take away the life of any citizen who disrupts peace. It was a way to make the criminal justice system visible and effective in an era when the criminal justice system was in its beginning stages of demonstrating orderliness (Spierenburg). More specifically, it was a relatively straightforward and psychological way to evoke deterrence. The potential of gruesome violence, public persecution and religious betrayal were tools thought to be strong enough to make public executions a successful form of deterrence because within the community, social bonds and religion were the foundation of everyday life.... ...