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3 ideas
| 7810 | The 'Eumenides' of Aeschylus shows blood feuds replaced by law [Aeschylus, by Grayling] |
| Full Idea: The 'Eumenides' of Aeschylus tells how the old rule of revenge and blood feud was replaced by a due process of law before a civil jury. | |
| From: report of Aeschylus (The Eumenides [c.458 BCE]) by A.C. Grayling - What is Good? Ch.2 | |
| A reaction: Compare Idea 1659, where this revolution is attributed to Protagoras (a little later than Aeschylus). I take the rule of law and of society to be above all the rule of reason, because the aim is calm objectivity instead of emotion. |
| 6572 | Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments [Fogelin] |
| 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. | |
| From: Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2) | |
| 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. |
| 6573 | Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims [Fogelin] |
| 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. | |
| From: Robert Fogelin (Walking the Tightrope of Reason [2003], Ch.2) | |
| 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. |