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Single Idea 6572

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

Full Idea

The purposes of punishment include deterrence, prevention, rehabilitation, and retribution, but they don't always sit well together. Deterrence is best served by making prisons miserable places, but this may run counter to rehabilitation.

Clarification

'Retribution' is revenge

Gist of Idea

Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments

Source

Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2)

Book Ref

Fogelin,Robert: 'Walking the Tightrope of Reason' [OUP 2004], p.62

A Reaction

It seems to most educated people that retribution should be pushed far down the list if we are to be civilised (see Idea 1659), and yet personal revenge for a small act of aggression seems basic, normal and acceptable. We dream of rehabilitation.

Related Idea

Idea 1659 Protagoras seems to have made the huge move of separating punishment from revenge [Protagoras, by Vlastos]

The 22 ideas from Robert Fogelin

6557 Humans may never be able to attain a world view which is both rich and consistent [Fogelin]
6555 We are also irrational, with a unique ability to believe in bizarre self-created fictions [Fogelin]
6565 The law of noncontradiction makes the distinction between asserting something and denying it [Fogelin]
6560 The law of noncontradiction is traditionally the most basic principle of rationality [Fogelin]
6574 Legal reasoning is analogical, not deductive [Fogelin]
6575 Philosophy may never find foundations, and may undermine our lives in the process [Fogelin]
6568 A game can be played, despite having inconsistent rules [Fogelin]
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]
6583 Radical perspectivism replaces Kant's necessary scheme with many different schemes [Fogelin]
6586 Cynics are committed to morality, but disappointed or disgusted by human failings [Fogelin]
6582 Conventions can only work if they are based on something non-conventional [Fogelin]
6576 My view is 'circumspect rationalism' - that only our intellect can comprehend the world [Fogelin]
6589 Knowledge is legitimate only if all relevant defeaters have been eliminated [Fogelin]
6596 For coherentists, circularity is acceptable if the circle is large, rich and coherent [Fogelin]
6597 A rule of justification might be: don't raise the level of scrutiny without a good reason [Fogelin]
6588 Scepticism is cartesian (sceptical scenarios), or Humean (future), or Pyrrhonian (suspend belief) [Fogelin]
6590 Scepticism deals in remote possibilities that are ineliminable and set the standard very high [Fogelin]
6585 Rationality is threatened by fear of inconsistency, illusions of absolutes or relativism, and doubt [Fogelin]
6607 The word 'beautiful', when deprived of context, is nearly contentless [Fogelin]
6605 Critics must be causally entangled with their subject matter [Fogelin]
6604 Saying 'It's all a matter to taste' ignores the properties of the object discussed [Fogelin]