Ethics: Punishment

Q. With reference to relevant religious and ethical perspectives discuss the nature
 and purpose of punishment. [30]

In order to ensure that justice is promoted in society, the governing authorities create rules so that individuals are aware of what is unacceptable behavior. To vindicate these rules, punishments are enforced. Tyler and Reid claim “Justice will have little meaning if the government cannot ensure that its laws are respected by citizens.” The five forms of punishment are retribution, rehabilitation, deterrence, protection and vindication.

There are many views on punishment,  with many ethical scholars putting forward their views. The utilitarian ideal, which aims to promote the greatest amount of happiness for the greatest number, implies that punishment can be morally justified if it benefits society. John Stuart mill, founder of utilitarianism argued that punishment and the removal of the criminals freedom is essential to ensure that harm does not come to other people. Utilitarian’s also argue that punishment has the effect of deterring people from committing crime, making the society a better place to live.  However, Vardy and Grosch comment that a problem with the utilitarian view is that it could justify punishment of an innocent person if it had the effect of greater happiness in society. One could argue that if it was discovered that the innocent person was punished, the effect of knowing the state was responsible for this miscarriage of justice would create a greater amount of unhappiness. On utilitarian grounds the cost of punishment must also be taken into consideration. Sending all criminals to prison is expensive and is often not of goof value. The money could be put to better use, create a greater amount of happiness for society.

Philosopher Immanuel Kant agreed with punishment on the grounds of retribution and claimed that it is important the criminal gets punishment as its what he deserves it.  Kant believed that each person has personal autonomy to act how he or she pleases, however this freedom comes with a moral responsibility. Kant states we must act according to…