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Single Idea 6573
[filed under theme 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
]
Full Idea
A strict retributivist is likely to say that once a crime is paid for, that's that; a deterrence theorist is likely to say that the protection of potential victims overrides the released convict's right to a free and fresh start.
Clarification
'Retributivists' believe in appropriate tit-for-tat punishments
Gist of Idea
Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims
Source
Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2)
Book Ref
Fogelin,Robert: 'Walking the Tightrope of Reason' [OUP 2004], p.63
A Reaction
Interesting since the retributivist here has the more liberal attitude. Reformists will also have a dilemma when years in prison have failed to reform the convict. Virtue theorists like balance, and sensitively consider our relations with the criminals.
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]
|