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25. Society / C. Social Justice / 5. Right to Punish / a. Right to punish

[what grounds the right of the state to punish]

16 ideas
No crime and no punishment without a law [Roman law]
Punishment should only be for reform or deterrence [Hobbes]
Reparation and restraint are the only justifications for punishment [Locke]
Punishment should make crime a bad bargain, leading to repentance and deterrence [Locke]
Self-defence is natural, but not the punishment of superiors by inferiors [Locke]
There are natural rewards and punishments, like illness after over-indulgence [Leibniz]
The death penalty is permissible, because its victims enjoyed the protection of that law [Montesquieu]
If religion teaches determinism, penalties must be severe; if free will, then that is different [Montesquieu]
We accept the death penalty to prevent assassinations, so we must submit to it if necessary [Rousseau]
A trial proves that a criminal has broken the social treaty, and is no longer a member of the state [Rousseau]
Justice asserts the death penalty for murder, from a priori laws [Kant]
Society can punish actions which it believes to be prejudicial to others [Mill]
Get rid of the idea of punishment! It is a noxious weed! [Nietzsche]
Execution is worse than murder, because we are using the victim, and really we are the guilty [Nietzsche]
Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments [Fogelin]
Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims [Fogelin]