Single Idea 19810

[catalogued under 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish]

Full Idea

The legal proceeding and judgement are the proofs and the declaration that a criminal has broken the social treaty, and consequently that he is no longer a member of the state.

Gist of Idea

A trial proves that a criminal has broken the social treaty, and is no longer a member of the state

Source

Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)

Book Reference

Rousseau,Jean-Jacques: 'The Basic Political Writings', ed/tr. Cress,Donald A. [Hackett 1987], p.159


A Reaction

This seems to be a plausible rationalisation of capital punishment, but what about lesser crimes. Is the interior of a prison a sort of temporary exile from the state? Hence the significance of whether prisoners are allowed to vote. But 19811.

Related Idea

Idea 19811 Only people who are actually dangerous should be executed, even as an example [Rousseau]