Justice, Law And Punishment

Question 1

Explain the concept of justice throughout time.

Answer 1

Plato: Argued that justice was concerned with the protection of all people from suffering at the hands of others who may wish to exploit them. For him, justice is “a matter of achieving harmony between the different parts of society.”
Hobbes: Developed the concept of a just society from an individualistic perspective.
Locke: Believed that individuals should have rights, but these rights must be governed by the laws of society in which we live.

Question 2

List the purposes of punishment.

Answer 2

1.Protection
2.Retribution
3. Rehabilitation
4. Deterrence
5. Vindication

Question 3

Outline the biblical teaching on justice and punishment.

Answer 3

In the Old Testament, the main emphasis was on the need for revenge. This principle is found in Leviticus, “eye for an eye, and tooth for tooth.” This principle, also known as ‘Lex Talionis’ was common in ancient criminal procedures. The Christian approach reflects Jesus’ teachings because it stresses the importance of forgiveness as opposed to retribution.

Question 4

Explain church teaching on crime and punishment.

Answer 4

The Catholic Church teaches that the protection for the innocent is the primary purpose of punishment and if necessary, as the Catechism of the Catholic Church states, the death penalty may be required.

Question 5

Explain some ethical perspectives of justice and punishment.

Answer 5

NML - Thomas Aquinas believed in preserving innocent lives, maintaining orderly society, worship God, educate children and to reproduce and continue the human race.
Utilitarianism - Punishment and the subsequent removal of the criminal’s freedom was essential to ensure that harm does not come to others people.

Question 6

What is diminished responsibility?

Answer 6

In order for punishment to be morally acceptable, the offender must have committed his or her crime as an autonomous moral agent. If the freedom of the offender is limited due to mental illness, coercion or other restrictions then it is acceptable to claim that they cannot be punished in the same way as someone whose freedom was not restricted by other factors.