MODR 1730 Lecture Notes - Lecture 8: Ernest Van Den Haag, Murder, Consequentialism
Document Summary
The days we killed people by chopping off their head. The state-sanctioned killing of a person for committing a crime. The power of the state over the individual. Not killing for revenge, or for passion, or by accident. Persons come first in a society, laws should protect persons (liberal society) Ethics comes first, the law comes second. For the death penalty to be legal, must be justification. In order to punish people, we need some form of justification. What is the justification for governmental punishment? (fines and prison) Consequentialist says it is very unpleasant to be in prison, so let"s rid ourselves of the idea that prison is enjoyable. If we are going to do it, it must be because its consequences are beneficial. Or even makes them more criminal? (learning from other prisoners) It is only justified if it does, in fact, deter and reform. The retributivist says that it is a life for life justification.