Exam #2 for Jurisprudence Flashcards
What is the goal of utilitarianism?
Maximize overall happiness, minimize harm.
Utilitarianism assesses actions based on their consequences for overall well-being.
Under utilitarianism, when is punishment justified?
Only if it leads to good consequences such as deterrence, rehabilitation, incapacitation.
This means punishment should result in a net positive effect on society.
What is a criticism of utilitarianism?
Can punish the innocent if it benefits the majority.
This highlights a moral dilemma where the greater good may come at the expense of individual rights.
What does retributivism focus on?
Giving people what they deserve (desert).
Retributivism emphasizes moral accountability based on past actions.
How does retributivism differ from utilitarianism in terms of time perspective?
Retributivism is backward-looking, focusing on past wrongdoing.
In contrast, utilitarianism is more forward-looking, concerned with future consequences.
What is strong retributivism?
Punishment is intrinsically right when deserved.
This perspective holds that punishment has inherent moral value if it is deserved.
What is weak retributivism?
Punishment is justified when deserved and other conditions are met.
This approach allows for considerations beyond mere desert.
What is a criticism of retributivism?
Can justify excessive punishment.
This raises concerns about the potential for harsh penalties that may not align with justice.
What do hybrid theories like those of Rawls and Hart combine?
Utilitarian goals with retributive limits.
This approach seeks a balanced punishment system that considers both societal benefits and individual justice.
What is Rawls’ view on punishment?
System-level utilitarianism, individual-level justice.
This indicates a dual focus on overall societal good and individual rights.
How does Hart’s theory approach punishment?
Uses retributivism to set limits on who can be punished, utilitarianism for how much/why.
Hart’s perspective aims to ensure fairness while considering societal outcomes.
According to Jean Hampton, what does punishment represent?
Moral communication.
This theory emphasizes the importance of affirming the victim’s worth through the act of punishment.
What is a criticism of both utilitarianism and retributivism according to Hampton?
They ignore the moral message and focus too much on consequences or payback.
Hampton argues for a deeper moral engagement beyond mere outcomes.
What is the focus of virtue theory?
Moral development of both individuals and society.
This theory emphasizes the cultivation of good character through ethical behavior.
How does virtue theory view punishment?
Punishment should help cultivate virtue and good character.
This suggests that punishment should be constructive rather than purely punitive.
What role do emotions play in virtue theory?
Feelings like guilt/remorse matter in moral growth.
Emotional responses are seen as essential for ethical development.
What criticism does virtue theory face?
May be vague or idealistic.
This criticism points to challenges in applying virtue ethics in practical situations.
In fatal distraction cases, what does utilitarianism consider regarding punishment?
Depends on whether it deters future similar acts.
This perspective evaluates punishment based on its potential future impact.
How does retributivism approach punishment in fatal distraction cases?
May resist punishment if the person didn’t intend harm.
This indicates a focus on moral desert and intent.
According to virtue theory, what should punishment focus on in fatal distraction cases?
Character development – does punishment help the person recognize their failure and grow.
This emphasizes the importance of personal growth through punishment.
