Flaws in utilitarian theories of punishment

Type :

Term papers

Pages :

3 pages

Format :

.doc

Published date :

07/13/2009

Category :

Political science

Sub category :

Political science

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Summary :

Introduction
The theory of 'punishment'
'Punishment' as a part of law and ethics
Punishment is an interesting concept
The utilitarian theory of punishment vs retributive theories
Conclusion
Bibliography

Abstract

In law and ethics, there is a well known theory that the punishment should fit the crime. In other words, the severity of the punishment should be reasonable and proportional to the severity of the crime. This is the theory of punishment that much of the world adheres to, although the definition of severity varies depending on the culture and country. For example, selling drugs on North America can translate into a conditional sentence, or even jail time, but in parts of the world it can warrant the death penalty. Nevertheless, retributive justice is still being employed because it employs proportionality in punishment. The idea of retributive justice has long come at odds with the idea of utilitarianism. According to the utilitarian, punishment is forward-looking in that it is based on the ability to achieve future benefits to society. This differs from those who advocate for retributive justice as that theory is backward-looking as it does not create punishment based on future utility; rather it simply creates punishment that is proportional to the crime, which is accomplished through as examination of the severity of the crime.