LAW 604 Lecture Notes - Lecture 1: Law Review
Document Summary
32-33: legislators must have pleasure . and the avoidance of pains as their end. 34-36: utilitarianism, in modern usage, often refers broadly to theories that likely consequences determine the morality of action, beneficial consequences utilitarians think can come from punishment: It is more effective to be punished yourself than to see someone else punished. Repeat offenders can be punished more severely: incapacitation and other forms of risk management . Imprisonment/death penalty/probation and restrictions on parolees all physically prevent persons of dangerous dispositions from acting on their destructive tendencies: reform punishment might make a criminal less likely to commit crimes and more useful and happy. This is a false moral claim of his relative worth. Punishment corrects this claim and reaffirms the victim"s worth. 3: law review article we read in class dealt with the victim"s place in criminal law. Reference general notes if need more understanding on this: class note: retributivists don"t like fines.
