LS202 Lecture Notes - Lecture 7: Extortion, Corporate Crime, Criminal Negligence
13 May 2015
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Criminal law is crucial in the making and reproduction of the working class. Now what right have you to punish me for the amelioration or intimidation of others? : society has no right to punish someone to teach society a lesson. World has neither been intimidated nor ameliorated by punishment : utilitarianism doesn"t work. One theory of punishment which recognizes human dignity in the abstract : punishment as the right of the criminal, punishment arises from his free will. But, marx also argues against retributive approach how and why? o. It is a delusion to substitute for the individual with his real motives, with multifarious social circumstances pressing upon him, the abstraction of free-will" ! : substitutes real with abstract. Crime becomes just an action an individual does rather than shifting the focus on the picture problem the influences that have put the individual to commit the crime: glosses over material realities of crime.
