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Single Idea 19810

[catalogued under 25. Society / D. Social Rights / 4. Right to Punish / a. Right to punish]

Full Idea

The legal proceeding and judgement are the proofs and the declaration that a criminal has broken the social treaty, and consequently that he is no longer a member of the state.

Gist of Idea

A trial proves that a criminal has broken the social treaty, and is no longer a member of the state

Source

Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)

A Reaction

This seems to be a plausible rationalisation of capital punishment, but what about lesser crimes. Is the interior of a prison a sort of temporary exile from the state? Hence the significance of whether prisoners are allowed to vote. But 19811.

Book Reference

Rousseau,Jean-Jacques: 'The Basic Political Writings', ed/tr. Cress,Donald A. [Hackett 1987], p.159

Related Idea

Idea 19811 Only people who are actually dangerous should be executed, even as an example [Rousseau]