Law 2101 Study Guide - Quiz Guide: Consequentialism, Determinism, Risk Society
Document Summary
Man compared to a machine can be influenced by biological, psychological and social factors. Utilitarian theories are fully compatible with the theory of causal determinism the denial of the traditional libertarian free will: culpability doesn"t play any role, causal determinism isn"t a hindrance (przeszkoda) to punishment. It"s not about whether the offender could have acted differently from what he did in the past, but whether he will act differently in the future if he is punished: only guilt plays any role. It is the offender not the act that is the focal (ogniskowy) point. The connection between offender and act is much stricter. If the realization of the goal to prevent future crimes fails to emerge, punishment shouldn"t be used. The goal to be achieved described in abstracto as prevention of crime. Special prevention concerns the actual offender. General prevention concerns potential offenders; preventative effect: social re-integration and rehabilitation, strengthening of norms.
