Should Punishment Be Justified? Essay examples

996 Words Oct 7th, 2015 4 Pages
Punishment can be justified through its six utilitarian forms. Individuals may as for the lawfulness of a law in a state’s jurisdiction, however nobody tends to seek the validation of the state’s legal system. It is common to look at a law and seek to find whether it is reasonable, but not to request whether law in general is reasonable. After all law and punishment has been ruling societies since the emergence of non-state societies (Watson Sept 16). This is similar to the case of punishment where overall it does not require any defense. It is regarded as usual for an action to have a reaction, for every criminal offense to have a punishment. In a criminal law perspective, punishment is regarded as a form of retaliation for the actions of the criminal. From a Utilitarian point of view, the suffering inflicted upon the criminal is justifiable on the grounds with the certainty that more happiness is created than suffering. Utilitarian’s are in support of an act that is most capable of creating a greater balance of happiness over unhappiness. From the variety of utilitarian justifications of punishment, retribution is the most convincing, as its theoretical goals are sustained through societies, whereas general and specific deterrence cannot be justified on their own, as they do not match with retribution.
For retributionists, punishment is backward looking, justified by the crime that has been committed and carried out to atone for the damage already done (Lacey 1994: page…

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