Theories on the function of punishment: Retribution, Deterrence, Rehabilitation with reference to academic scholars including C.S. Lewis and J.S. Mill.
Application of each normative ethical theory to capital punishment: Natural Moral Law, Virtue Ethics, Situation Ethics.
Evaluation of each no...
Application of Normative Ethical Theories
~ Human Life Issues ~
Capital Punishment
Capital punishment is the state-sanctioned killing of a convicted prisoner.
Does capital punishment brutalise society?
Is it hypocritical to punish murder with death?
Can we ever justify killing as a form of punishment?
Does capital punishment truly give the victim’s family peace?
Function of Punishment
Retribution - a retributive approach to punishment, punishes an offender on the basis that they
deserve to be punished. Various scholars support this on the grounds of ‘just deserts’ i.e. that
people should get what they deserve i.e. be rewarded for good and punished for bad:
1. C. S. Lewis - ‘to be punished, however severely, because we deserved it […] is to be treated
as a human person made in God’s image’
- The motivation for punishment must be retribution as it is the only way which gives
someone their deserts for certain.
2. James Rachels - ‘wrongdoers should be “paid back” for their wicked deeds’
- Reciprocity is an integral part of morality. If morality had no good return and immorality had
no bad consequences, people would be less included to be behave morally.
3. Singer - ‘criminals have to have their rights forcible restricted in order to restore a fair and
even balance’
4. D. W. Ness - a retributive approach helps to reinforce community values of right and wrong
and affirm individual responsibility for one’s actions.
Deterrence - regarding the function of punishment as a form of deterrence is to create an
example out of a convict to prevent / discourage others from doing the same:
1. J. S. Mill - offenders forfeit their rights -> it is acceptable to kill them as an example / use
them as a means of deterrence to benefit wider society by discouraging crime
2. Hoose - the harm done by punishment is justified as the means to the overall greater good
of discouraging further criminal offences (link to utilitarianism)
Rehabilitation - A rehabilitative approach to punishment regards punishment as a means of
reform and conversion of criminals to prevent them from reoffending:
1. Russell - Car analogy: when a car will not start, you do not say ‘you are a wicked motorcar
and I shall not give you anymore petrol until you go.’ The problem or cause must be found
and addressed (in analogy, car has no petrol so must be refuelled.)
- Rehabilitation aims to remove the causes of crime through reform
- Need to solve issues which caused crime rather than punish (more humane approach)
, Arguments For and Against Capital Punishment
For Against
Retribution - people should get what they Hypocritical - cannot justify killing for killing
deserve (just deserts) - forces the state down to a low moral level
LINK C.S. Lewis, Rachels, Ness
Deterrent - serves the purpose of deterring Prisons are schools for crime
others from crime -> greater good for society - dehumanise and destroy respect for
LINK Utilitarianism and Mill civilisation
- How can they reform in a place filled with
resentment? (Vardy / Gotsch)
Justice / Reciprocity - gives victims’ families a Maximum Rule of Game Theory (Rawls)
sense of justice and it is fair to be punished for Just should protect the weak - the best
immorality outcome is the least bad for the least well off
Offenders forfeit their rights when they take Acting on emotion / revenge is unjust - just
away others’ rights. The only way of showing because we want revenge, it doesn’t meant
respect for life is through the severest of we ought to enact this
consequences when someone has LINK Hume - Is / Ought fallacy
disrespected life (Mill)
Life imprisonment = excess -> capital C.L. Ten - punishment embitters and alienates
punishment may be the balanced option a person from society
Doesn’t brutalise society - very few on death CP brutalises society and has a corrupting
row are killed by CP (most die before influence
execution through illness or suicide) LINK Morris
Only in extreme cases - judged very carefully No evidence on how prison influences
due to the severity of CP prisoners / no proof that less people offend
LINK Schwarz - trust people’s judgements due to fear of CP
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