Lecture 1.doc

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Department
Woodsworth College Courses
Course
WDW101Y1
Professor
William Watson
Semester
Winter

Description
Punishment: see syllabus - intentional infliction of suffering... - socially approved punishments & socially approved systems of punishment - government instituted punishment - systems of state punishments emerge out of systems out of systems of non state punishment - when identifiable states emerge out of society (government), there are preexisting systems of punishment that get taken over by the state & adapted - it’s normal in the fabric of social life that there are non state punishments -- they are socially approved even though they are not done by the state (i.e parents punishing children) - sometimes non state agencies carry out state punishments -- but we don’t allow individuals operating outside of the state to deliver punishment -- the state will connect with non state agents to administer punishment - things that look like punishments but are not punishments (i.e. we lock up people in hospitals for mental treatment -- we lock them up bc we see them as dangerous -- we say we are not going to lock them up/that they don’t deserve it -- but we are still locking them up in a place they might not want to be - the purposes and justifications of punishment turn out to be the same things - we justify punishment on the basis that it serves a purpose Justifications/Purposes of Punishment: 1. Retribution a. purpose is to make someone suffer ; the justification is that they deserve to suffer because of what they did 2. Deterrence a. preventing crime through the rational fear of punishment -- deter you from doing something due to the threat of punishment b. SpecificDeterrence(you have committed a crime, your punishment will deter YOU from committing crime in the future) c. GeneralDeterrence(the public knows that they will be punished through reported cases etc .. thus, the general public is deterred) 3. Rehabilitation/Reform a. the punishment is going to do something to the individual to make them a better person (specific deterrence does not change the person as rehabilitation is assumed to do) 4. Denunciation a. by punishing someone, the law is sending a message to the community about its moral values -- making people think about it (i.e. Drunk Driving -- now, as it was not before, is regarded as a highly negative activity) this is clearly punishment (unlike the above) Collapse of the Roman Empire (Britain was part of the empire) - had complex systems and institutions - their systems of justice falls into disrepair - In the past emergence of dominant figures in areas with low functioning systems/economy etc - economy based on military force and agriculture - in Europe (after collapse), we get a falling back to this ^ situation -- there was no central authority -- would have small scale warlords and nobles - justice is dispenses by the families of those who have been injured --- they retaliate with violence against wrongdoing -- sort of a system of personal/localized punishment - 600-700s: there are norms to buy off the threat of retaliation with a forfeit - this system became customary and was written down - have retaliativeviolence,finepaying(forfeits),banishedfromcommunityprotection-- 3 ways of punishing that became established - people fighting for dominance -- we get the feudalsystem(the 2 basis of the economy are military and agriculture still) - we have kings, lords, under-lords, people who work on the land, slaves
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