Lecture 5 Flashcards
Regime of justice
because we need to know how to be just, that is why we call it regime
Should we punish
yes, to take revenge and it is useful for the community (Brings happiness for the biggest number)
If you dont understand why, you should not punish
True (anyone should understand why)
you have to prove he did the crime also
When you judge someone , you judge him to prevent further crime
True
Consequences of an action
two types
harm
alarms
if you shot someone (harm , neighbors are alarmed)
If you have an action and you transform it into a law, if the law provokes harm/alarm it is a crime
Like the player and the family (that is why u should not kill someone in a hospital
Salmonite company
That is why you cant make a law that justify the company doing
u need to have strict liability ( law that describe ur action will cause more harm)
On the other hand we have excluded intention
you are not a juridical person (not considered liable for justice)
Domestic violence was excluded intention (liability), now it is intentional crime
Negligence
Forget door of pool open and a kid die.
U will be condemned of negligence
Principle of applying law
surveillance (panopticism)
For motivation that always present u must punish hard
like sex rape
In vindictive justice , the law was (you should and you shouldnt)
The form of the law was restrictive( you should and you shouldnt)
In utilitariansim the form of the law it is not restrictive(negative) only it is provocative (positive)
true
like someone hit you from behind, the one hitting from behind is guilty, people will leave a space in order not to hit
What if everyone start to drink or plant apples
Bad way to conceive law
The way of reasoning ( what if everyone do it )
Bad way of conceiving law
