CRCJ 1000 Lecture Notes - Jeremy Bentham, Perfect Machine, Mens Rea

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Enlightenment: emphasis is placed on freedom, rights and equality. Law can no longer be seen as given by god, but as a result of social contract, result of reason, move away from a sort of sovereign power. During that time, death penalty was less important. Beccaria: this ways of dealing with crime is unproductive. Cultural elite that sees violence as a form of uncivilized behaviour. Ultilitarianism: how we can use punishment to maximize the happiness of the greatest number with the minimum infliction of pain. Beccaria and bentham see punishment as a form of unhappiness and harm, how can you use it the least possible in order to generate utility (happiness). Problem: nozick; human behaviour of seeking pleasure to avoid pain. Huxley: is it important to be unhappy and able to experience sadness; Wanted to rely on punishment but not too much of it.

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