PHILOS 2G03 Lecture Notes - Lecture 5: Reprobation, Mental Disorder
8 Apr 2015
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We considered hart, who gave us a 5 parted definition. We agreed on some and debated over some. We looked at feinberg, who agreed with many of hart"s points, but argues that punishment involves the act of expression, and in particular - expression of condemnation. Condemnation involves sense of reprobation (meant to tell the criminal that they"ve done something wrong), and a motion of indicative resentment (a motion to get back at the individual) We looked at penalties and contrasted them with punishment - Feinberg says that things like library fines are still penalties, but have no social aspect - and therefore cannot be considered punishments. Vindication of law - the idea that punishment sends the message that the terms of law are in force, and that the state wants that law to be respected. When we punish you for breaking a law, we"re telling you that that particular rule - we"re serious about it.
