Preview

Kant's Object to Utilitarian Justifications of Punishment Essay Example

Better Essays
Open Document
Open Document
1323 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kant's Object to Utilitarian Justifications of Punishment Essay Example
Why does Kant object to Utilitarian justifications of punishment? Do you agree with Kant’s objection? Explain your answer.
In this essay, the utilitarian justification of punishment will briefly go through first. Then Kant's objection to the utilitarian justification of punishment will be explained in the second part. In this part, Kant's fundamental principle in ethics will be used to explain his view in punishment and how utilitarianism violates his principle in ethics. In the final session, I will criticize some points in Kant's objection in order to show that there are flaws in his objection to Utilitarian justifications of punishment.
From a utilitarian's view, all moral judgments are based on the Principle of Utility. Any action is morally right if it produces the best consequences for all. The best consequences were thought to be those that produce the most happiness for all. Punishments are evil in first glance, as they treating people badly deprive people's freedom, property, life or others, and there is no increase in happiness as compensation for infliction of suffering for all. Therefore, punishments can solely be justified when the punishments bring greater happiness that can overcome the unhappiness induced. Bringing comfort to the victims of crime, making the community safe from future crime by imprisonment, deterring people from committing crime and rehabilitating the criminals by removing the criminal tendencies are some arguments always used for justifying punishment in an Utilitarian perspective.
However, Kant has raised some objections to the utilitarian justification of punishment due to two main reasons. The first one is the principle of utility ignores or disrespects human dignity. The second one is utilitarianism fail to punish criminals proportionately according to their crime. As these objections are made according to some fundamental principles in ethics from Kant, explanation on Kant's basic moral theory is therefore required.

You May Also Find These Documents Helpful

  • Best Essays

    The contents of this paper will analyze the GM ignition case using several concepts taught in ethics. This will include a background of the issue as well as a detailed evaluation of the decision by GM from the utilitarianism and Kantian perspective. This will show that GM’s decision was morally wrong as well as prove that GM should be held morally responsible for their actions.…

    • 3185 Words
    • 9 Pages
    Best Essays
  • Good Essays

    In “The Problem of Punishment,” David Boonin argues that there is no good justification for punishment. He uses the term “punishment” in place of “legal punishment.” According to Boonin (2008), punishment is “authorized reprobative retributive intentional harm” (p. 23). Punishment has to entail intentional harm, which intentionally makes the offender “worse off than she otherwise would be” (Boonin, 2008, p. 7). Also, punishment must be imposed by an authorized agent of the state in order to be legal. It must be reprobative and retributive, because it is necessary to express disapproval toward the illegal offense while only harming the person or people who committed it. It does not qualify as punishment if the punishment inflicted upon an offender…

    • 126 Words
    • 1 Page
    Good Essays
  • Good Essays

    Utilitarianism theories hold that the moral worth of actions or practices is determined by their consequences. An action or practice is right if it leads to the best possible balance of good consequences over bad consequences for all affected parties. (Arnold, pp 17)…

    • 790 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Title of Assignment: Term Paper – “Integrating Values – The Legality, Morality, and Social Responsibility of Paying College Athletes”…

    • 8737 Words
    • 35 Pages
    Good Essays
  • Good Essays

    For Immanuel Kant, guilt is considered a necessary condition for punishment and judicial punishment can never be used merely as a means to promote some other good for the criminal himself or civil society. He argues that, an offender must first be found to be deserving of punishment before any consideration is given to the utility of punishment for himself or his fellow citizens. In this view, utilitarian concerns can never justify the punishment of an innocent person while guilt itself demands punishment even where punishment is entirely devoid of social utility. Therefore, again we observe that the best action is the one that maximizes utility and can be applied in various ways, but most commonly relates to the maintenance of healthy emotional…

    • 392 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In his article "Punishment and Loss of Moral Standing", Christopher Morris explain, in his opinion why the death penalty is a justifiable means of punishment. The author first defines what a punishment is by saying it is an imposition of some pain, unpleasantness, or deprivation for a committed offence. The main purpose of punishment is to teach, either the offender or others, that committing this act is wrong.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Good Essays

    This essay aims to argue the views of two different theorist, Jeremy Bentham and Immanuel Kant, with regards to their views on moral worth of an action. The idea of good and bad creates heated debates among many, but this essay will successfully unravel the layers of Bentham’s theory of Utilitarianism and his belief that all our motives are driven by pleasure and pain. While arguing Kant’s opposing argument that moral worth of an act revolves around democratic attitudes, and that moral truths are founded on reasons that is logical to all people. When one breaks down both theories, it occurs that Kant’s theory comes out to be the more sensible one in numerous aspects.…

    • 281 Words
    • 2 Pages
    Good Essays
  • Good Essays

    It is an established fact, that capital punishment is still conducted in many countries of the earth. People are being sentenced to death every day and in my essay I am going to respond to the ethic question whether death penalty serves as a justified and valid form of punishment.…

    • 605 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    10. What are the 4 utilitarian justifications for punishment? Deterrence, incapacitation and rehabilitation and specific deterrence…

    • 1280 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Sentencing Paper

    • 499 Words
    • 2 Pages

    The four philosophical reasons for sentencing criminals are rehabilitation, incapacitation, deterance, and retribution. Rehabilitation is when a criminal is thought to be better off by being placed in a residential, or group home facility. Many times these crimes are drug releated and the courts feel that the criminal will be better off rehabilitating in a 12-step AA or NA drug program rather than being incarcerated for their crime. In any case that their case was not fueled by intenet rather than a need to feed a habit etc. Incapacitation is when the court feels that a criminal will be better off incarcerated and kept away from society. Many times these crimes are violent and incarceration is the best option to protevt the criminal and society. Deterance many times has to do with incarceration. For the criminal may feel incarceration has deterred them from recommitting the same act in fear that they may be incarcerated again and even face far more time. Also many times society watches as people are punshied for certain crimes and the judge may be making a example out of that certain case, in showing society that if you commit this crime than this is what can happen. Retribution can and often goes along with incarceration, though can be sentenced alone. Retribution is usually sentenced as a repayment for lost or damaged goods, or some type of community service time like 20 hours ordered to complete at an elderly housing home without pay. Basically either giving back to the victim, their family, or society, in an effort to pay back for their crime, and or repay the victim for pain and suffering.…

    • 499 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    It is my belief that the essay “The Case for Torture” is flawed and that Torture is impermissible whatever the case.…

    • 428 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Today, the death penalty is an issue that has raised many questions in regards to its morality. Many people believe that the death penalty is immoral for a number of factors, some of which being the execution of innocents, the arbitrary application of the death penalty, and the racial and economic discrimination with the system. Many others believe that the death penalty is moral, for it gives people what they deserve, the criminals were fully aware of the consequences that may fall upon them, and that justice is being served for the victims and families of the victims still suffering from the actions of the criminal. In this paper I will argue that from a Deontological standpoint, the death penalty is morally just. To do this, I will first describe the basics of the theory of Deontology in general, so that you, the reader, can begin to understand some of the fundamental beliefs that Kant, the father of Deontology,…

    • 1404 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The first priority of any circumstance and the greatest value is human rights. No one should be treated as just a means, each person should be given a sense of humanity. As he announces in this, “So act as to treat humanity, whether in thine own person or in that of any other, in every case as and withal, never as means only.” (Vaughn, p.105). Kant’s view of punishment is that any crime no matter what it is, they should not be punished for justice. As he says in this, “Kant thinks that criminals should be punished only because they perpetrated crimes; the public good is irrelevant. In addition, Kant thinks that the central principle of punishment should fit the crime.” (Vaughn,…

    • 648 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Utilitarian’s seek justice through morality, economic distribution and social welfare. Their morals are an absolute importance unlike Retribution which they advocate punishment. They focus on crimes that already have happen and like maximum punishment. They believe in an eye for an eye. On the other hand Restitution believe is service to the community and payment. Criminals pay money…

    • 176 Words
    • 1 Page
    Good Essays