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25. Social Practice / D. Justice / 3. Punishment / d. Reform of offenders

[punishment to improve a criminal's behaviour]

6 ideas
Punishment makes people harder, more alienated, and hostile [Nietzsche]
     Full Idea: On the whole, punishment makes men harder and colder, it concentrates, it sharpens the feeling of alienation; it strengthens the power to resist.
     From: Friedrich Nietzsche (On the Genealogy of Morals [1887], II.§14)
     A reaction: If the school system involves routine harsh punishments, that means that the whole population ends up in that state. I would have thought that this was an obvious truth about punishment, but no one seems to want to face up to it.
Legally curbing people's desires is inferior to improving their desires [Russell]
     Full Idea: To force a man to curb his desires, as we do by the criminal law, is not nearly so satisfactory as to cause him genuinely to feel the desires which promote socially harmonious conduct.
     From: Bertrand Russell (An Outline of Philosophy [1927], Ch 22)
     A reaction: It is hard to disagree, but improving the desires of selfish and even vicious people is a rather challenging task.
Crime should be punished, to bring the perpetrator freely back to morality [Weil]
     Full Idea: The human soul needs punishment and honour. A committer of crime has become exiled from good, and needs to be reintegrated with it through suffering. This aims to bring the soul to recognise freely some day that is infliction was just.
     From: Simone Weil (Draft Statement of Human Obligations [1943], p.229)
     A reaction: The Scanlon contractualist approach to punishment - that the victim of it accepts its justice. Given her saintly character, Simone had a very tough view of this issue.
Punishment aims at the good for men who don't desire it [Weil]
     Full Idea: Punishment is solely a method of procuring pure good for men who do not desire it. The art of punishing is the art of awakening in a criminal, by pain or even death, the desire for pure good.
     From: Simone Weil (Human Personality [1943], p.95)
     A reaction: I know Weil is seen as some sort of saint, but this remark could have come from the Inquisition. I'm always alarmed by talk of 'pure' good and 'pure' evil, which seem to need a superior insight the rest of us lack. But see Idea 23764.
The only thing in society worse than crime is repressive justice [Weil]
     Full Idea: There is one, and only one, thing in society more hideous than crime - namely, repressive justice.
     From: Simone Weil (Human Personality [1943], p.95)
     A reaction: Presumably fans of 'repressive' justice would describe it as 'reformative' justice. In general, one of the most hideous parts of historical human societies has been the punishments they dished out (simply because they had the power to do it).
Power is used to create identities and ways of life for other people [Foucault, by Shorten]
     Full Idea: For Foucault power is less about repressing people or issuing commands, and more about producing identities and ways of living.
     From: report of Michel Foucault (works [1978]) by Andrew Shorten - Contemporary Political Theory 01
     A reaction: I take this to be the culmination of the Hegelian view of a person, as largely created by social circumstances rather than by biology. I'm beginning to think that Foucault may be a very important philosopher - although elusive.