Punishment - Vengeance And Punishment, Retribution And Consequentialism, The Enlightenment, From Justification To Explanation, Bibliography
Punishment is best defined as an authorized agent or institution intentionally inflicting pain on an offender or depriving the offender of something in response to an offense or crime the offender is said to have committed. But definitions, however broad, need to be approached with caution, since it is impossible to perfectly capture the myriad constellations of social practices labeled punishment over time and throughout the world. It is helpful to keep in mind Friedrich Nietzsche's (1844–1900) distinction between the forms of punishment (which have maintained a level of continuity) and the meanings of punishment (which have been numerous over time). Indeed, until Nietzsche, philosophical concern with punishment had been almost completely devoted to delineating the justifications of social sanctions. Although many philosophers, especially since the Enlightenment, have seen the great question as why anyone should be allowed to intentionally inflict harm at all, this need to justify the practice has been relatively recent. The more historically resonant need has not been to legitimate punishment itself but rather to distinguish punishment from revenge and justice from mere retribution.
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Because the figure of vengeance hovers behind punishment as a threat of lawlessness, some of the most common characteristics of punishment since classical Greece are most easily identified by contrasting them with revenge, as they are in Aeschylus' Oresteia trilogy. First, revenge is personal, an act of private justice taken by individuals for wrongs done to them or to those close to them, …
The second common category of justification is consequentialism, which looks toward the future rather than backward toward the crime. For the consequentialist, retributivism is nothing more than a compromise with revenge, and no punishment can be legitimated without knowing that it will bring forth good effects. The good effects that are considered to derive from punishing the offender vary but ha…
The Enlightenment's contribution to both the philosophical justifications of punishment and to concrete penal reforms cannot be underestimated. Voltaire (1694–1778), Charles-Louis Secondat, baron de Montesquieu (1689–1755), Jeremy Bentham (1748–1832), and others challenged both the penal practices of the day and their justifications. These reformers were strongly conseq…
Implicit in Hegel's theory of punishment is the socially vital role of both the criminal and the act of punishing; far from being an unfortunate aberration, punishment is a constitutive force of social life and proves the law's force. This idea that crime and punishment play a necessary role was emphasized by a number of social thinkers at the beginning in the late nineteenth century…
Beccaria, Cesare. On Crimes and Punishments. 1764. Reprint, translated by Henry Paolucci. Indianapolis: Bobbs-Merrill, 1963. Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. 1789. Reprint, edited by J. H. Burns and H. L. A. Hart. New York: Oxford University Press, 1996. Ezorsky, Gertrude, ed. Philosophical Perspectives on Punishment. Albany: State University of New Yor…
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