Lecture 4 Flashcards
Preventive justice
Hume major statement
The real is what u sense
Benthom expand this to empirical system of morality
True
Values are social else they are personal desires
True
Moral values are higher because they prevent u from doing bad
love of god
love of honor
love of friends
love of justice
Temptation is the simple division of pleasure over risk
true
Guilt (Mill)
when u feel responsible for pain , which is pain in consciousness
what is justice on the ground of pleasure and pain (Mill)
U need to have a very well defined criminal and very well defined victim
Mill says
It is only because you have an instinct of survival that we need to protect ourself for happiness.
The origin of right is life (right come from life )
law of living to stay alive
Origin of right is life
True (Which solves the problem of doctor and family and player)
How to conceive a system of justice
Foundation of justice take vengeance , but not by reciprocity but by giving advantage to the victim (preventive justice)
Vindictive justice *reciprocity”
Take vengeance from the victim
why there was vindictive justice
In order to frighten the population (in order for them not to rebel in order to control the population because the regime is external to the population)
Moving from vindictive justice to preventive justice
the preventive justice regime is used to support the economical system ( for productivity) (we want to prevent crime)
Points of preventive justice
1) rule of preventing people from doing the crime by teaching that they will be imprisoned for the rest of their lives for example
2)point of conviction (people need to understand why they are punished and why they got this punishment ) (Stealing because of business vs stealing because of hunger)
he is not condemned he is convicted
3) every time u punish u look at the reason not at the act because u want to prevent crimes of similar reasons
The problem if you dont have reasons, can we punish you? (here we bring shrinks to see if he/she is crazy)
Principle of introspection
shrink know the criminal from the non criminal