Ethics: Central Component to Justice Essay Example
Ethics: Central Component to Justice Essay Example

Ethics: Central Component to Justice Essay Example

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  • Pages: 4 (868 words)
  • Published: January 21, 2022
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The moral foundation of punishment has become a big problem that has led to various competing views. The principle of retribution highlights a biblical perspective that states that punishment can be deserved depending on the seriousness of the offence committed. The biblical endorsement through retribution is carefully nuanced and qualified. The main aim is not to offer to suffer on the offenders but to bring the existence of moral order that takes control of human life. The moral order gives emphasis on the connections that are brought out to right relationships, justice and looking for community well-being. Punishment should aim to restore offenders to the community and making compensation (Sawatsky, 2008).

Since punishment consists of pain or deprivation that many people wish to be not part of it the intention to be imposed by the states

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requires justification. It is very difficult to avoid justification by the view that shows punishment is inevitable in a system of criminal law. If the law concerning criminality is defined to comprise punishment the main questions remains whether the community should have mandatory rules that are enforced by penalties. Small groups of people who are like minded may operate with rules that are not supported by sanctions. Actual imposition of penalties is not only tied to authorization, but some individuals in the community may have the chance to punish unlawful acts in the region. The similarity between threat and actual acts on the place does not give a guarantee of a good reason to instil punishment on individuals. Many factors should be considered to make sure that individuals are not punished for acts they were not involved in. Threats to

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come in future will not be taken by the authorities seriously if the threats that were experienced in the past are not fulfilled and most parents try to avoid the impression that they will not perform what they utter. Authorities should take their procedures in an ethical manner to encourage those people who are worth it than punishing every suspect without clear evidence justifying the same (Forrester, 2010).

The major approaches that justify punishment are utilitarian and retributive. A retributive approach states that punishment is justified because people deserve it. The approach clarifies that people should receive a punishment in return to the harm they have caused to other people. In a philosophical approach that corresponds to the feelings that someone who has done wrong or harm to others should be penalized and that the punishment will restore the moral order that has been destroyed the wrongful act done originally (Bowie, 2004). In a view of Kant leaving the victims of crime without any punishment will leave guilt among the society. Only those who are guilty of doing wrong or harm to others deserve punishment, and the cruelty of the penalty must be proportional to the wrongdoing. Close examination of the theory reveals much of apparent simplicity and some tensions between the effects and the practices of the actual societies and finally exposes its vulnerability to objections that are powerful (Sawatsky, 2008). The retributive theory is taken to claim a connection between justified legal punishment and moral guilt. The theory also raises questions concerning appropriate purposes of a state and attempt to people to show that reward and punishment are equal to moral deserts. On the

other hand, the utilitarian theory claims that justification of punishment is clear when the penalty promotes human happiness than the possible alternatives. Since punishment involves pain, it can be only justified if it has positive consequences that outweigh the harm. It may also claim that future reduction of immoral violations of right is a true goal that is independent of the impact that those violations have on the people that are involved.

Theories that view punishment as a way that is inappropriate to poor moral behavior include categorical imperative that asks people to act in a way that is universal to the law. It requires people to behave in a rational way that will be suitable for anyone. It goes further to state that if it is right for someone to defend themselves when they are attacked then others may have right to defend themselves in self-defense. Aristotelian virtue ethics argues that people can learn from behaviors that cause happiness through their past and learn to be sensitive.
Alternative ways to physical punishment may involve rewarding behavior that is desirable can be more effective than the punishment for behavior that is undesirable to maintain discipline. The alternatives to punishment include establishing an environment that creates encouragement. This approach will divert attention from a reaction approach to plan for appropriate behavior (Forrester, 2010). Another way is responding to the behaviors of individuals where they are punished immediately and consistently but not frequently and choosing appropriate and effective punishments. Also, troubleshooting difficult behavior issues by watching what happens when a problem behavior occurs. Individuals should find out what is punishing and giving rewards to individuals committing crimes.

References

  1. Bowie, R.

(2004). Ethical studies. Cheltenham: Nelson Thornes.

  • Forrester, D. B. (2010). Forrester on Christian ethics and practical theology: Collected writings on Christianity, India, and the social order. Farnham, Surrey, England: Ashgate.
  • Sawatsky, J. (2008). Justpeace ethics: A guide to restorative justice and peacebuilding. Eugene, Or: Cascade Books.
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