PHILOS 2Q03 Lecture Notes - Lecture 20: Deontological Ethics, Consequentialism

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Principles of punishment center around consequentialist theories, specifically utilitarianism. Problems with utilitarianism theories of punishment: it is not guilt-sensitive. Says we ought to treat everyone in a way that will make the greatest number of people the happiness. Will tell us that we should punish people to maximize happiness: this can include punishing innocent people and letting guilty people off the hook: not committed to the principle of proportionality. Not committed to the fact that different types of crimes should be dealt with different degrees of punishment. Unlike bentham who thought that morality was thought about maximizing happiness, Kant believed morality should be focused on the human capacity for moral autonomy". The human capacity for moral autonomy: moral autonomy: the power to override our base desires and inclinations, and make our life decisions in accordance with our powers of reason.

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