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Single Idea 24098

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

Full Idea

The reasons used to justify the punishment for a crime can also be used to justify the crime.

Gist of Idea

Reasons that justify punishment can also justify the crime

Source

Friedrich Nietzsche (Unpublished Notebooks 1881-82 [1882], 3[312])

Book Ref

Nietzsche,Friedrich: 'The Joyful Science, and 1881-82 fragments (v 6)', ed/tr. Del Caro,Adrian [Stanford 2023], p.77

A Reaction

A splendid observation, even if it is not wholly true. The justification of capital punishment appeals in some way to the whole of society, but a murderer could hardly do that.

The 21 ideas with the same theme [what grounds the right of the state to punish]:

22604 Punishing a criminal for moral ignorance is the same as punishing someone for being blind [Epictetus]
23368 Perhaps we should persuade culprits that their punishment is just? [Epictetus]
7294 No crime and no punishment without a law [Roman law]
23268 We execute irredeemable people, to protect ourselves, as a deterrent, and ending a bad life [Galen]
2380 Punishment should only be for reform or deterrence [Hobbes]
19867 Reparation and restraint are the only justifications for punishment [Locke]
19869 Punishment should make crime a bad bargain, leading to repentance and deterrence [Locke]
19912 Self-defence is natural, but not the punishment of superiors by inferiors [Locke]
12936 There are natural rewards and punishments, like illness after over-indulgence [Leibniz]
20002 The death penalty is permissible, because its victims enjoyed the protection of that law [Montesquieu]
20010 If religion teaches determinism, penalties must be severe; if free will, then that is different [Montesquieu]
19809 We accept the death penalty to prevent assassinations, so we must submit to it if necessary [Rousseau]
19810 A trial proves that a criminal has broken the social treaty, and is no longer a member of the state [Rousseau]
21088 Justice asserts the death penalty for murder, from a priori laws [Kant]
7219 Society can punish actions which it believes to be prejudicial to others [Mill]
20232 Get rid of the idea of punishment! It is a noxious weed! [Nietzsche]
24098 Reasons that justify punishment can also justify the crime [Nietzsche]
14814 Execution is worse than murder, because we are using the victim, and really we are the guilty [Nietzsche]
23852 To punish people we must ourselves be innocent - but that undermines the desire to punish [Weil]
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]