display all the ideas for this combination of texts
3 ideas
| 6225 | Obligation to obey all positive laws is older than all laws [Cudworth] |
| Full Idea: Obligation to obey all positive laws is older than all laws. | |
| From: Ralph Cudworth (On Eternal and Immutable Morality [1688], Ch.II.3) | |
| A reaction: Clearly villains can pass wicked laws, so there can't be an obligation to obey all laws (even if they are 'positive', which seems to beg the question). Nevertheless this is a good reason why laws cannot be the grounding of morality. |
| 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. |