PHIL 345 Lecture Notes - Lecture 5: Retributive Justice, Criminal Law, Basic Norm
13 Jul 2017
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Utilitarianism: (forward looking) act so as to produce the best consequences. Bentham would also object to a lot of criminalized o enses because there is no harm to others. Criticisms of deterrence no principled commitment to guilt as basis for conviction, and no principled commitment to innocence as basic for exoneration guilt or innocence doesn"t seem to appeal to moral faculties of crime. Also on some versions, doesn"t play a factor, more about no treats of criminal. Duff applies this idea to incapacitation as well treats like dogs who are incapable of responding to reason. Backward looking: punish the guilty, because she did wrong, proportionate to her guilt. Basic intuition: we persons, who make choices, and deserve respect as responsible decision-makers. Each individual has a right to a system of punishment, and even punishment for wrongs for particular crimes. Punishment: punishment for wrongdoing treats people as agents with responsible choices.
