PHIL 2260 Lecture Notes - Lecture 11: Richard Brandt, Deterrence Theory, Rule Utilitarianism
18 Dec 2013
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Acknowledges criminals are rational; thus, punishing them is respecting their rationality. Deterrence (punishing someone for their past act; future-orientated) Rehabilitation not focusing on the act, more on the person; try to teach the person to re- Justification for utilitarianism deterrence enter the society (avoids consequentialism and retributism) Use the law to encourage and discourage behaviour. **utility is not the same thing as justice (utility cannot be the only value) deterrence might actually work with. If piracy act goes through, kant would say the government is not respecting the citizens" rationality. Psychological criticism: we cannot rehab someone 100% (can"t ask for 100% compliance; people might commit the act again after rehabilitation) some people can"t be rehabilitated. How does it work: ** rehabilitation focuses on the person and not the act. Focuses too much on the person; misdirection of the punishment (why focus on the person and not the act?)
