PHIL 316 Chapter Bentham: Bentham Deterrence v. Retribution
8 Jul 2016
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Bentham states that the general object which all laws have is to augment the total happiness of the community and, in turn exclude mischief that may cause unhappiness. Considering that punishment is something that causes unhappiness, it is clear to see that punishment is a form of mischief and evil. This signifies that punishment does exactly the opposite of what the law"s objective is. The utilitarian principle will allow for such an evil to be enacted as long as it promises to exclude a greater evil. In this way, the overall utility is higher when punishments are dealt despite its evil. Because bentham allows for the omission of punishment in certain cases, he would probably be opposed by moore or. They both believe that omissions should not be made save for very particular circumstances that do not align with those of bentham.
