Punishment And Utilitarianism

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Legal punishment is, and has been for centuries, a particularly difficult topic within both politics and philosophy; many philosophers have tried to justify it regarding the role of the state in deciding punishment, what punishment entails, and the repercussions on the agent committing an “illegal” act considered worth punishment. Concerning the nature of legal punishment, there are countless issues that must be dealt with prior to establishing a sound argument for anyone allowing punishment to occur, let alone how or why the state is the agency allowed to dictate the rules of punishment. In this sense, criminal punishment/ coercive force is the response to crime, and the punishment is through an individual’s suffering (either emotional or physical pain)1. As with most sections of philosophical reasoning, the two most common approaches used to understand the nature, acceptance, and subjectivity of …show more content…

However, using utilitarianism to justify legal punishment does not negate Bentham’s understanding that causing another human anguish in any way is still inherently evil. Yet, he would argue that this evil is still ultimately better, and justified, if it allows the greatest happiness in the future of either the offender or the state 6. Understanding the promotion of the greatest good as the ultimate motivator behind coercive actions by the state allows one to be able to dictate when these punishments are viable. Bentham would argue that punishment is not always necessary when a crime is committed, such as when the accusations are groundless or needless, it cannot prevent the action now or in the future, or if it is not profitable. We will later see the large disparity in this approach when compared to retributivism, as Bentham implies that not all crimes, according to utilitarianism, are worthy of punishment

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