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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
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    Topics
    42
    The punishment of those who commit crimes is permissible. — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    The punishment of those who commit crimes is permissible.

    Justice & Punishment
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • The offender himself would, as a rational agent or reasonable citizen, have consented to a system of law that provided for such punishments.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Hypothetical consent by an idealized rational agent cannot bind the actual individual who never in fact agreed to the social contract.
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    • 2.Punishing a real person based on what a fictional rational counterpart would have consented to treats the actual offender as a means to a theoretical end.
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    • 3.Legitimate authority over a person requires that person's actual, not merely imputed, consent.
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    Reason against 2 of 2
    ?
    • 1.State punishment, as practiced, overwhelmingly falls on those structurally disadvantaged by the very social order the law upholds.
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    • 2.An institution that reproduces systemic injustice cannot be rendered permissible merely by appealing to the rationality of those it harms, as Rawls himself acknowledged that just punishment presupposes just background institutions.
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    Justice & Punishment

    Related

    An institution that reproduces systemic injustice cannot be rendered permissible...Hypothetical consent by an idealized rational agent cannot bind the actual indiv...Legitimate authority over a person requires that person's actual, not merely imp...Punishing a real person based on what a fictional rational counterpart would hav...
    +2 moreShow less
    State punishment, as practiced, overwhelmingly falls on those structurally disad...The offender himself would, as a rational agent or reasonable citizen, have cons...

    Similar

    Deterrent punishment is permissible.92%Most offenders are unaware either that their acts are subject to punis...80%Retributivism captures the widely shared sense that it is always or ne...80%Consequentialism implies that punishment of the innocent is justified ...80%

    Source

    AI-extracted
    SEP: legal-punishment
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    Recent scholarship has thus seen a growing interest in grounding analysis of the justification of punishment in a political theory of the state. Many of these accounts are based on Rawls’s political theory or on other versions of constructivism (see Matravers 2000 and 2011b; Dolovich 2004; Brettschneider 2007; Flanders 2017; for critiques of such accounts, see Garvey 2004, Dagger 2011b). Several others are based on versions of republicanism (see Pettit 1997; Duff 2001; Dagger 2007 and 2011a; Yankah 2015; for other recent contributions showing the importance of political theory, see Brudner 200...

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit