CRIM 338 Lecture Notes - Lecture 13: Restorative Justice, Consequentialism, Deontological Ethics
17 Dec 2019
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What is punishment: punishment involves harm, moreover, it must be imposed/administered an authority constituted by a legal system against. It is inflicted upon an actual or supposed perpetrator. It is intentionally administered by someone other than the offender which the offence --- Imposes some burden or by some form of deprivation or by withholding some benefit. Why justify punishment: not self evident, abolish punishment seems radical but when you ---, not everything is clear as it seems, not all societies have punishment, there are other ways to deal with social bonds (restorative justice) Some people say that we should abolish it all together bc it costs about 76k a year: deontological pacifism: The justification of punishment: why we punish in the manner we do, reparation, utilitarianism, deterrence, defense, rehabilitation, revenge, prevention retribution. Fucntions of criminal law: moral functions/backward-looking deontological, be referred to deontological theory. Some things appear inherently law: why, bc we look into the merit of the committed offence.
