Single Idea 20002

[catalogued under 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish]

Full Idea

It is permissible to put a criminal to death because the law that punishes him was made to protect him. For example, a murderer has enjoyed the benefits of the law by which he is condemned.

Gist of Idea

The death penalty is permissible, because its victims enjoyed the protection of that law

Source

Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)

Book Reference

Montesquieu,Baron de: 'Selected Political Writings', ed/tr. Richter,Melvin [Hackett 1990], p.202


A Reaction

Dubious! We could add torture, and life imprisonment for parking offences, if this argument is sufficient justification.