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Points of View Capital Punishment Religion Secular views Utilitarian
Kantian Capital Punishment
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Quick Quiz When thinking about consequences and actions, which do you think is more important when making a moral decision? The consequences The consequences more than the action Both as important as each other The action more than the consequences The action
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Do you think some things are absolutely right/wrong or does everything just depend on the situation?
Things totally depend on the situation. Things mostly depend on the situation. Things are split ½ and ½ (and my brain is starting to hurt). Things are mostly either right or wrong. Things are always either right or wrong.
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Do you think that people can be used as means to an end?
People should never be used as means to an end. People shouldn’t really be used as means to an end but sometimes it’s ok. HELP, I’m still stuck on c. and can’t get off the fence! People can be used as means to an end but not too much. People being used as means to an end is always a good idea.
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General Religious Viewpoints
Much depends on interpretation of scripture and traditions. • Principle of forgiveness. • 'Turn the other cheek' type principles. • The Golden Rule. • Non-violence. • Agents of God's justice on Earth. • Sacred writings permit it/ban it. • Key figures permit it/ban it.
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Christianity IN SUMMARY
Christians believe that the Government of a country has a God-given right to punish. Christians believe it is always possible for the criminal to repent and change his/her ways. Jesus rules out revenge/retaliation as a motivation for punishing criminals. Punishment should allow for the possibility that the prisoner might reform his ways. Christians should not be judgmental. Christians should forgive those who wrong them
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What is Utilitarianism?
Greatest good for the greatest number. Least amount of pain. Good is whatever brings greatest happiness. Teleological (based on consequences)
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Utilitarianism Utilitarian’s Act: Bentham Rule: J.S. Mill
Consequences over action Principle of the greatest good Ends justify the means
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So, what about Utilitarianism and Punishment?
Bearing in mind Greatest good for the greatest number. Least amount of pain. Good is whatever brings greatest happiness. Teleological/relative (based on consequences) What do you think Utilitarians would say about; Punishment? Capital Punishment? The purposes of punishment? Who should be punished?
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Utilitarian view - Crime and Punishment
In An Introduction to the Principles of Morals and Legislation (1789) Bentham argued that: Appropriate punishments for crime must be considered in relation to the consequences of the wrong doing on others. Punishment is an effective way of deterring others from similar action and the criminal from re-offending. Punishment is necessary to ensure the greatest good for the greatest number of people. 10
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In A System of Logic, Ratiocinative and Inductive (1843) Mill argued that:
Punishment is the consequence of crime. Punishment must be about reformation. For some serious crimes life imprisonment is most appropriate as the criminal is removed completely from society and deprived of freedom because this provides the most amount of happiness. 11
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Utilitarianism How should a Utilitarian decide whether Capital punishment is right? Consider all the present and future consequences of the death penalty, for the executed offenders, the victims of crime, family and friends of both and the rest of society. Consider alternative punishments and the consequences of these. If C.P. give the greatest overall benefits, decide in favour of it.
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J.S. Mill on Capital punishment
John Stewart Mill was a Utilitarian (1808 – 1873) He was in favour of the death penalty. His reason being “humanity to the criminal.” In cases where somebody is Certainly guilty of murder Lacking in remorse; and Incapable of being rehabilitated … the death penalty is the best thing we can do for them.
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His argument is that in cases where we can only choose between executing or permenatly imprisoning the villian (death or life meaning life)… …execution is the least bad option because… …it causes the least suffering to the villian… …and there is no gain for anyone in life imprisonment.
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Criticisms of Mill A Utilitarian should surely want to improve prisons, so that perhaps there would be something to gain from it. Miscarriage of Justice Ignores the dignity of all human beings Citizens of the country might think that if the state kills then it is acceptable and the murder rate could go up
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Kantian Ethics?
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I’m the ghost of Immanuel Kant!
Hi! My name’s Immanuel Kant! I lived from I lived in Prussia which included much of modern Eastern Europe. I was very into deontological ethics which means I did not think about the consequences of actions, but the motives and the actions themselves. In many ways, my ideas were the opposite of those of Bentham and Mills. I’m the ghost of Immanuel Kant!
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I don’t agree with Bentham and Mills’ utilitarian theories because I don’t think moral actions are based on consequences. I think they are based on motives and the actions themselves. Let me show you an example! My sister’s being bullied. Some of my friends are really hard and they have started to bully her too. I am worried about her. I want my friends to like me though and if I stand up to them they will bully both of us. What would utilitarians say about this? According to utilitarian theory, it would be okay for the boy to do nothing about her sister because that would result in the greatest pleasure for the greatest number. What do you think I would say about this? According to deontological ethics, this boy should not even think about the consequences it would have for him or his sister. He should just follow his inbuilt moral code and do his duty. He has this duty because he has reason.
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A person performs an action not for wealth, prestige etc
because it is your duty. You see, all human beings have reason. This reason allows them to access an objective moral law. In order to act morally, therefore, everybody must follow their duty. Their duty is to follow the moral law. We all have an in built awareness of what we should do and we should follow that. We should not be lead by our emotions or our experiences because we know what to do from our duty. Reason “Good will shines forth like a precious jewell. It is impossible to conceive anything at all in the world, or even out of it, which can be taken as good without qualification, except a good will” (Kant: The Metaphysics of Morals)
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Treat people as ends not means.
A person performs an action not for wealth, prestige etc because it is your duty. It is IMPERATIVE that you revise thoroughly for your exam! What does imperative mean? And what does it mean with reference to Kant’s ethical theory? Imperative is something that you have to do. The Categorical Imperative –This is when a person makes a decision based on their duty and reason. i.e the moral law. For example. I will tell the truth. Universal Maxim Treat people as ends not means.
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Here is a summary, copy it
What is Kantian Ethics? Here is a summary, copy it Duty and Reason Moral Absolutes (deontological) Categorical Imperatives Universal Maxim Treat people as ends not means. Moral Law: Behave because we know we must. This is the only way of fulfilling our duty. Act for “The Greater Good” not “The Greatest Good”
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All moral laws should be universalised Treat people as ends not means
So, what about Kant and Punishment? Bearing in mind that All moral laws should be universalised Treat people as ends not means What do you think Kant would say about; Punishment? Capital Punishment? The purposes of punishment? Who should be punished?
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Kantian view Crime and Punishment
In The Philosophy of Law (1887) Kant argued that: The penal law (law which punishes) is a categorical imperative. Everybody is equal and therefore equal before law. Criminals must pay for their crimes. Punishment is necessary but not for the greater good of society, which would mean individuals would be used as a means to an end. 23
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Only the guilty should be punished; innocents must be protected.
This means that deterrence and protection are immoral purposes for punishment because they are not a response to guilt they are a benefit to others. Only the guilty should be punished; innocents must be protected. Punishment is necessary because there is a duty to punish criminals to establish justice and demonstrate dignity for the victims. The punishment must fit the crime, for example a murderer must be murdered. An ‘eye for an eye’ underpins Kantian teaching. 24
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Kant and Capital Punishment
Everybody is equal therefore equal before the law. Cannot punish people for the benefit of others. Only the guilty should be punished. Innocents must be protected. Punishment should be in proportion to the crime. Deterrence and protection are immoral purposes because they are not a response to guilt they are to benefit others. Eye for an eye underpins Kantian teaching. What you give you should receive.
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Humanitarianism Humanitarianism is based on a view that all human beings deserve respect and dignity and should be treated as such. Therefore, humanitarians work towards advancing the well-being of humanity as a whole. It is the antithesis of the "us vs. them" mentality. Humanitarians abhor violation of basic human rights.
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Humanitarianism drives people to save lives, alleviate suffering and promote human dignity in the middle of man-made or natural disasters. The informal ideology can be summed up by a quote from Albert Schweitzer: "Humanitarianism consists in never sacrificing a human being to a purpose." So what do you think a Humanitarian would think about Capital Punishment?
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Supporters of capital punishment bear a special responsibility to ensure the fairness of this irreversible punishment. (Bill Clinton, former US President) Capital punishment is our society's recognition of the sanctity of human life. (Orrin Hatch, US Senator) I think capital punishment works great. Every killer you kill never kills again. (Bill Maher, actor)
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According to the Humanitarian theory, to punish a man because he deserves it, and as much as he deserves, is mere revenge, and, therefore, barbarous and immoral. It is maintained that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal.
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A Japanese argument This is a rather quirky argument, and not normally put forward. Japan uses the death penalty sparingly, executing approximately 3 prisoners per year. A unique justification for keeping capital punishment has been put forward by some Japanese psychologists who argue that it has an important psychological part to play in the life of the Japanese, who live under severe stress and pressure in the workplace.
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The argument goes that the death penalty reinforces the belief that bad things happen to those who deserve it. This reinforces the contrary belief; that good things will happen to those who are 'good'. In this way, the existence of capital punishment provides a psychological release from conformity and overwork by reinforcing the hope that there will be a reward in due time. Oddly, this argument seems to be backed up by Japanese public opinion. Those who are in favour currently comprise 81% of the population, or that is the official statistic. Nonetheless there is also a small but increasingly vociferous abolitionist movement in Japan.
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From an ethical point of view this is the totally consequentialist argument that if executing a few people will lead to an aggregate increase in happiness then that is a good thing.
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u You have studied a viewpoint independent of religious belief. What does it teach about capital punishment? (4) KU Egoism (Wants what is best for self – this may be long term not immediate) supports or rejects depending on the circumstances Supports if it removes murders from society Supports if it means taxes not being used to keep person in prison for life Supports if makes society a better place However may be against if it leads to wrongful executions
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l Utilitarianism – best for the majority
Murder should have life taken away Life sentence more cruel than a death sentence Death penalty more acceptable because it brings greater security to the majority
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Your Topic Goes Here Humanism Capital punishment should be abolished
Your subtopic goes here Humanism Capital punishment should be abolished Revenge is always destructive in society Civilised people should have nothing to do with capital punishment.
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