Justification of Punishment! :: Philosophy Philosophical Essays

Justification of PunishmentABSTRACT Both utiles and the deontologists are of the opinion that penalization is justifiable, but according to the utilitarian moral thinkers, punishment can be justified solely by its consequences, while the deontologists believe that punishment is justifiable purely on retributive ground. D. D. Raphael is build to reconcile both visual modalitys. According to him, a punishment is justified when it is both useful and deserved. Maclagan, on the other hand, denies it to be justifiable in the sense that it is non right to punish an offender. I claim that punishment is not justifiable but not in the sense in which it is claimed by Maclagan. The aim of this make-up is to prove the absurdity of the enquiry as to whether punishment can be justified. Difference results from differing interpretations of the term justification. In its traditional meaning, justification can hardly be distinguished from evaluation. In this sense, to justify an act is to say th at it is good or right. I differ from the traditional use and insist that no act or conduct can be justified. Infliction of punishment is a human conduct and as such it is absurd to ask for its justification. I hold the view that to justify is to give reason, and it is only a statement or an assertion buttocks which we can put forth reason. Infliction of pain is an act behind which the agent may have purpose or intention but not reason. So, it is not punishment, but rather statements concerning punishment that we can justify. Regarding the justification of punishment philosophers are not of the same opinion. According to the utilitarian moral thinkers punishment can be justified solely by its consequences. That is to say, according to the utilitarian bank note of punishment A ought to be punished means that A has done an act harmful to people and it needs to be prevented by punishment or the threat of it. So, it allow be useful to punish A. Deontologists like Mabbott, Ewing and H awkins, on the other hand, believe that punishment is justifiable purely on retributive grounds. That is to say, according to them, only the retiring(a) fact that a man has committed a crime is sufficient enough to justify the punishment inflicted on him. But D.D. Raphael is found to reconcile among the two opposite views. According to him, a punishment is justified when it is both useful and deserved.