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Punishment Although Punishment Has Been a Crucial Feature of Every Developed Legal System, Widespread Disagreement Exists over the Moral Principles That Can Justify Its Imposition. One Fundamental Question Is Why (and Essay

  • Submitted by: pwinchess
  • on April 16, 2015
  • Category: Social Issues
  • Length: 8,504 words

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Below is an essay on "Punishment Although Punishment Has Been a Crucial Feature of Every Developed Legal System, Widespread Disagreement Exists over the Moral Principles That Can Justify Its Imposition. One Fundamental Question Is Why (and" from Anti Essays, your source for research papers, essays, and term paper examples.

PUNISHMENT
Although punishment has been a crucial feature of every developed legal system, widespread disagreement exists over the moral principles that can justify its imposition. One fundamental question is why (and whether) the social institution of punishment is warranted. A second question concerns the necessary conditions for criminal liability and punishment in particular cases. A third relates to the form and severity of punishment that is appropriate for particular offenses and offenders. Debates about punishment are important in their own right, but they also raise more general problems about the proper standards for evaluating social practices.

The main part of this theoretical overview of the subject of legal punishment concentrates on these issues of justification. That discussion is preceded by an analysis of the concept of punishment and is followed by a brief account of how theories for justifying punishment can relate to decisions about the substantive criminal law and criminal procedures.

The concept of punishment
Punishment is not an exclusive province of the law. Parents punish their children, and members of private associations punish their wayward fellows. Like most concepts, "punishment" has no rigid boundaries. One useful way to understand its central aspects and uncertain borderlines is to identify the features of typical instances of punishment, and to inquire how far their absence would lead one to say that something other than punishment is taking place.

Typical and atypical instances. In typical cases of punishment, persons who possess authority impose designedly unpleasant consequences upon, and express their condemnation of, other persons who are capable of choice and who have breached established standards of behavior.

Responsible agents. Punishment is a practice that is performed by, and directed at, agents who are responsible in some sense. God and humans can punish; hurricanes cannot. People, but not faulty...

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"Punishment Although Punishment Has Been a Crucial Feature of Every Developed Legal System, Widespread Disagreement Exists over the Moral Principles That Can Justify Its Imposition. One Fundamental Question Is Why (and". Anti Essays. 15 Dec. 2018

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Punishment Although Punishment Has Been a Crucial Feature of Every Developed Legal System, Widespread Disagreement Exists over the Moral Principles That Can Justify Its Imposition. One Fundamental Question Is Why (and. Anti Essays. Retrieved December 15, 2018, from the World Wide Web: http://trenmayamx.com/free-essays/Punishment-Although-Punishment-Has-Been-A-728517.html