PHILOS 2Q03 Lecture Notes - Lecture 21: Paternalism, Kantianism, Retributive Justice
Document Summary
We must consider the role that punishment plays in humans beings" deepest moral relations to figure out the truth of punishment. Why does a parent punish a child: because they love you and are trying to help you. Authority punishes because they care about the welfare of the offender. Parents punish to teach right from wrong. Utilitarianism nor retributivist theory considers the wellbeing of the offender: this is supposed to be the central point of concern. Punishing the wrongdoer for their own good, not others. Punishment = justified because it helps criminals realize their identity as a morally autonomous individual. If you can"t fulfill the paternalistic approach of punishment, then you turn to other forms of punishment. The functions of punishment: allows us to appreciate the nature of our evil eg: criminal impact statements, encourages us to feel remorse over our wrongdoing.