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Single Idea 20002
[filed under theme 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
]
Full Idea
It is permissible to put a criminal to death because the law that punishes him was made to protect him. For example, a murderer has enjoyed the benefits of the law by which he is condemned.
Gist of Idea
The death penalty is permissible, because its victims enjoyed the protection of that law
Source
Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
Book Ref
Montesquieu,Baron de: 'Selected Political Writings', ed/tr. Richter,Melvin [Hackett 1990], p.202
A Reaction
Dubious! We could add torture, and life imprisonment for parking offences, if this argument is sufficient justification.
The
21 ideas
with the same theme
[what grounds the right of the state to punish]:
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22604
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Punishing a criminal for moral ignorance is the same as punishing someone for being blind
[Epictetus]
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23368
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Perhaps we should persuade culprits that their punishment is just?
[Epictetus]
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7294
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No crime and no punishment without a law
[Roman law]
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23268
|
We execute irredeemable people, to protect ourselves, as a deterrent, and ending a bad life
[Galen]
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2380
|
Punishment should only be for reform or deterrence
[Hobbes]
|
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19867
|
Reparation and restraint are the only justifications for punishment
[Locke]
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19869
|
Punishment should make crime a bad bargain, leading to repentance and deterrence
[Locke]
|
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19912
|
Self-defence is natural, but not the punishment of superiors by inferiors
[Locke]
|
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12936
|
There are natural rewards and punishments, like illness after over-indulgence
[Leibniz]
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20002
|
The death penalty is permissible, because its victims enjoyed the protection of that law
[Montesquieu]
|
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20010
|
If religion teaches determinism, penalties must be severe; if free will, then that is different
[Montesquieu]
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19809
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We accept the death penalty to prevent assassinations, so we must submit to it if necessary
[Rousseau]
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19810
|
A trial proves that a criminal has broken the social treaty, and is no longer a member of the state
[Rousseau]
|
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21088
|
Justice asserts the death penalty for murder, from a priori laws
[Kant]
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7219
|
Society can punish actions which it believes to be prejudicial to others
[Mill]
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20232
|
Get rid of the idea of punishment! It is a noxious weed!
[Nietzsche]
|
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24098
|
Reasons that justify punishment can also justify the crime
[Nietzsche]
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14814
|
Execution is worse than murder, because we are using the victim, and really we are the guilty
[Nietzsche]
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23852
|
To punish people we must ourselves be innocent - but that undermines the desire to punish
[Weil]
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|
6572
|
Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments
[Fogelin]
|
|
6573
|
Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims
[Fogelin]
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