FINISHED Ethics: Chapter 7 (REWARDS AND PUNISHMENTS)

CHPT 7 Retributive Justice: Retribution

Retribution (Deserts Theory): is the act of giving people what they deserve regardless of consequences- in punishment sometimes referred to as the eye for an eye or revenge or just deserts theory

CHPT 7 Unlike Rawls, Robert Nozick believes that __________. 1) we never leave the "original" social position into which we are born 2) human rights are natural rights 3) it is only in a just state that we speak intelligibly of having human rights 4) we can see through the veil of ignorance

2) human rights are natural rights

CHPT 7 Retributive Justice:

Retributive Justice: oldest form of justice, expressed with "an eye for an eye, a tooth for a tooth", people get what they deserve- reward or punishment regardless of consequence

CHPT 7 Issue determining seriousness of offenses and punishment

Most retributists think more serious offense= more serious punishment What crimes considered super serious? Depends on culture and person What type of punishment is appropriate ?

CHPT 7 Criteria for Rewarding people : Other criteria

1) Long and expensive training in a profession Should doctors who are trained for years be rewarded more? Why are they compared to teachers who train lots too? This basis is uneven, especially if we consider if they are actually good at their job 2) Job or profession requiring expensive equipment: Some believe should be rewarded more for needing to pay for lots of equipment How about well and good jobs that don't need equipment, or when equipment paid off? 3) Physical Danger Paid extra if risking your life? Like in the military But what about other people that risk their lives and aren't compensated like firemen and others? 4) Unpleasantness of job Reward people for doing unpleasant jobs but are necessary and for the public good But how do we decide which jobs are unpleasant and how much do we reward them? 5) Seniority Argue that the longer you are dedicated and loyal to company, rewarded more But these workers get burned out and are no longer good, should they be promoted or a junior to them who is more skillful?

CHPT 7 The difference principle reveals that John Rawls' theory of justice is compatible with __________. 1) capitalism 2) divine command theory 3) communism 4) feudalism

1) capitalism

CHPT 7 The concept of a human right __________. 1) has roots in Greek antiquity 2) is still highly controversial in both politics and philosophy 3) is a product of modern philosophy 4) is essentially a theological notion

1) has roots in Greek antiquity

CHPT 7 According to Charlotte Bunch, the promotion of human rights __________. 1) makes transnational activism and the pursuit of global justice possible 2) is indistinguishable from the promotion of liberal values 3) is a step in the wrong direction 4) is ironically contrary to human nature

1) makes transnational activism and the pursuit of global justice possible

CHPT 7 Rawls' two basic principles of justice are __________ and __________. 1) the equality principle, the difference principle 2) the principle of ignorance, the principle of "original positions" 3) restitution, retribution 4) the principle of diminished returns, the principle of charity

1) the equality principle, the difference principle

CHPT 7 A modern political document that makes famous use of the notion of human rights is __________. 1) The Book of Mormon 2) The Talmud 3) The Declaration of Independence 4) Aristotle's De Anima

3) The Declaration of Independence

CHPT 7 Rawls is often considered to be __________. 1) a skeptic 2) a consequentialist 3) a "welfare liberal" 4) a libertarian

3) a "welfare liberal"

CHPT 7 The difference principle states that an inequality is permissible if __________. 1) it can be shown to be profitable to allow the inequality to exist 2) all members of society agree to just "let it be" 3) it arises out of conditions of equal opportunity 4) its existence is only temporary

3) it arises out of conditions of equal opportunity

CHPT 7 According to John Rawls, there is a basic difference between __________. 1) ignorance and merely being "uneducated" 2) the rights of adults and the rights of children 3) natural rights and the rights of a just society 4) epistemology and the theory of knowledge

3) natural rights and the rights of a just society

CHPT 7 The difference principle justifies, among other things, __________. 1) inequality of opportunity 2) gender inequality 3) racial inequality 4) inequality of pay

4) inequality of pay

CHPT 7 Conclusion

A synthetic approach appears best for both reward and punishment without losing sight of need and the egalitarian approach.

CHPT 7 Problem of Mercy

Can mercy be apart of theory, and if yes, than to who and how? How can this be just to someone else of the same crime , so many think mercy dilutes the justice

CHPT 7 Importance of Contribution of Human rights to Civilization

Chandra Muzaffer says Human rights strengthen human positions. Given rights to no government but by being human Created democratic political structures Human rights check abuse of power Human rights compell leaders to be more accountable Is everyone's ideas and not just based on borders

CHPT 7 Human Rights:

Charlotte Bunch: said promotion of human rights is a widely accepted project and said that human rights is few concepts that speaks to the need of transnational activism and concern about lives of people globally In practice governments decide the limits of limits of human rights Present day theory= long history of time Rights based thinking in west goes back to Judeo christian tradition and ancient greeks Locke and Kant and John Stuart refined current notion of human rights Rights today come from conception that individuals as free, rational, autonomous moral agent- says we can make decisions and can find human happiness Thomas Jefferson on page 128

CHPT 7 Comparative Justice:

Comparative Justice: How a person is treated in compared with another person- two person crime one gets ten years another executed, which wouldn't be collectivistic injustice

CHPT 7 Crime against the state and not individual

Contemporary society: crimes are considered to be violations committed against the state If someone murdered, crime against state and not just the person Restitution theory established to counteract emphasis on crime against the state, since it ignored pension for victims For example if you have to pay someone's medical bills if you caused car accident Can't be decided by individual, too biased, must be judicial

CHPT 7 Why Crime requires punishment:

Crime requires punishment, according to retributivists, to get balance that is offered by established rules. Breaking rules imbalancing, and must be corrected by punishment Society requires self restraint- a burden- if someone doesn't have this self restraint they have taken unfair advantage and gotten unfair advantage, so must be punished

CHPT 7 Consequences for potential offenders- Deterrence

Deterrence: An external sanction, utilitarianism want punishment that deters people from committing crimes and being immoral, if it can it's worthwhile No evidence that punishing one deters anyone from doing it as well- and none of our punishments are even seen by our public so how would it deter? This would mean to use someone as a means to an end, which is unjust to some- like Kant, many don't like since its making an example of someone instead of giving them what they deserve If this worked we could punish anyone whos innocent , how is this just? (Ex: someone believes someone must be punished even if it wasn't them) John Hospers: says that legal system that is strong and free from corruption that they will catch the person deters a person from doing the crime

CHPT 7 Criteria for Rewarding people : Egalitarian Criterion or Equal Distribution of goods and rewards

Distributing goods equally concerns scarcity of medical resources This is seen in place where they didn't have enough kidney machines- they made a decision on who would get the treatment, then second panel decided based on sex/age/future potential/ etc. and making a fair decision became IMPOSSIBLE. Paul Ramsey wrote about this in Patient as a Person: said how can we decide who is worthy of machine, and can't they be taken out of it once person changes?

CHPT 7 Rawls two basic principles: Equality

Equality principle there must be freedom for all each person has equal rights with the same amount of Liberty for everyone

CHPT 7 All that counts for the utilitarians is whether rewards or punishments are deserved. True False

False

CHPT 7 John Rawls believes that human rights are natural rights. True False

False

CHPT 7 Justice is concerned with the future - what people will do. True False

False

CHPT 7 Justice should be collective rather than individual. True False

False

CHPT 7 There is only one way of distributing rewards. True False

False

CHPT 7 Punishment: Requirements of punishment

Four requirements punishment meets Involve some sort of punishment to actually make it a punishment, but must be justified and only if seriously violated the rights of others Must be given or done for something- can't be for no reason or if someone gets pleasure out of doing it Must be done by an authority or someone duly constituted moral or legal authority, can't be left up to anyone Must be done according to rules that have been violated by the offender People must be punished by a institution rather than an individual as to not be vengeful Good to be done by laws than by an individual because after that punishment ordeal is over instead of dragging on revenge forever Law can be less biased too, and are not personally involved and can use strict rules rather than emotion

CHPT 7 Is a Synthesis Possible?

From Retributivism: Could consider what people deserve or merit before rewarding them, and recognize this is not the only criterion Punishment use no one is innocent can be convicted despite good consequences of doing so Punish people we can have punishment fit the crime and not be excessive Adopt more serious crime= more punishment From Utilitarianism: Could implement this theory with moderating distribution of reards, suspending sentences based on utility Insert utility into deliberations on rewarding or punishing From Restitution Fit well with utilitarian theory of reward and punish, bring good consequences for the victim Requiring compensating could be a desert for victims that isn't useless

CHPT 7 Restitution problems:

How can you pay someone for a life changing crime that ruined them or took something irreplaceable Money form is uneven, rich criminals its easier punishment, but poorer criminals much harder Old or dying, how can make money? Does not distinguished between unintentional crime: there's still a victim that needs restitution, but is that fair? Punishing people who don't know or who can't really be stopped is hard under all three theories

CHPT 7 Problems determining what People deserve

How do we decide what people truly deserve based on their situation? For example, murder = 25, but a man who mercy killed and was super old? People ask the retributists if this should be considered? The deserts theory no need to concern mercy or forgiveness based on what they have done since the crime

CHPT 7 Criteria for Rewarding people : Egalitarian Criterion or Equal Distribution of goods and rewards NOTES

How do we distinguish who deserves something if they are all worthy ? How can we decide who deserves something fairly? Most ideal is to get enough resources to give fairly- but not enough resources to do this The "Let the better person live" notion doesn't work Ramsey says all should die, but why do that when half of them can live? Instead they chose to do a lottery, which was the most egalitarian way to give justice

CHPT 7 Justice

Is about giving people what they deserve and expecting the same as others

CHPT 7 Criteria for Rewarding people : Effort

Is another standard for reward: Given regardless of quantity or quality, this is most often seen in classrooms This is a problem when it comes to paying people to do a job they are paid on the finished job, so how can effort be measured? how do you reward an effort if two different people have two different standards of top effort difficulty of determining effort: the effort alone does not necessarily make a person deserving of reward effort as a reward causes this to be a weak one

CHPT 7 Problems with equality of distribution:

It ignores is criteria such as Merit, ability, need, productiveness, and effort in its attempt to be egalitarian How are people considered equal when one does something like saving people and someone else does nothing Could give all equality of consideration if they have other attributes to fulfill qualifications, but they should not be denied opportunities because of race sex religion and other things Next thing that makes this hard is that ignoring certain qualifications is really hard; shouldn't these at least be considered and when they are isn't equality as a basis of reward weakened?

CHPT 7 Theories on how To Reward: John Rawls Theory of justice

John Rawls and his theory of Justice: made Theory Called justice of fairness Natural Rights versus rights of Just Society John Locke and Robert nozick believe that human rights are natural rights and they somehow exist in human beings through nature they believe these rights are life liberty and property Thomas Jefferson also wrote The Pursuit of Happiness as well these philosophers decided they cannot be violated by any government laws Rawls believe that such rights are given to human beings by a just society where no one had an unfair advantage over others he believes we must adopt principles of social justice which we would agree upon behind what he calls a veil of ignorance the veil of ignorance is a way of looking at Society in a neutral manner without regard to individual characteristics of anyone

CHPT 7 Concern of Past events

Justice concerned with past Justice should be individualistic, not collectivistic Individuals are rewarded instead of punished or rewarded as a group, which is often referred to as mass punishment- often strays too close to unjustly punishment which is used by the military by punishing whole group if someone messes up

CHPT 7 What justice involves

Justice: Involves treatment of human beings Just and Fair is talking about being just and fair to human beings Distributive Justice: how we can dispense good and bad or reward and punish on a just and fair basis Justice: is concerned with past, what we have done will be punished or rewarded, we don't punish/reward things that haven't happened yet

CHPT 7 Problems with Human Rights

Over half of the world's population has no knowledge of rights or its frameowkrs Are these human rights universal or are they culturally shaped values What should be done about human rights violations Competing priorities Right to life versus right to choose Civil and political rights versus economic, social, culture Individual rights versus citizen duties Human rights are the foundation for theories of justice

CHPT 7 An eye for an eye, a tooth for a tooth

Mirror image theory: First Part often say severity of crime = severity of punishment Example if someone killed, than the killer should also be killed What if they did multiple things, like raped and murdered? Should they be punished the same Not feasible ! Mirror image theory: 2nd Part Punishment should be appropriate to the crime, but this is vague How do we determine these punishments? Can there even be appropriate punishments for serious offenders?

CHPT 7 Effect On Society at Large : Protection

Most agree we punish to create protection of society, so keeping them seems like a good consequence to protect members When do we let them back? And what will they be like after? Better or worse? Another is crimes can be a crime of passion, and those people will probably never crime again, retributivist say they should be punished, but utilitarians in their theory say they shouldn't

CHPT 7 Difference between Nozick and Rawls

Nozick: libertarian wants to max liberty and min or eliminate violation of liberty by government and that wealth of society is the sum of individuals' wealth Rawls: liberal or welfare capitalist, believe wealth of society is society's wealth and all members cooperate in creating wealth by making individuals able to earn money because of agreed upon rules

CHPT 7 Criteria for Rewarding people : Productions or what people produce

One way to reward is based on what people produce regardless of effort or time taken an example is if a student gets an A but didn't spend a lot of time getting it This production can be based upon quantity or quality or both for example vegetable Pickers are paid mostly on piecework basis: more potatoes equals more pay On quality: for example having more quality ideas and creativity Will reward on a basis of both quality and quantity since having more over the other does not equal good product

CHPT 7 Criteria for Rewarding people : Ability

People believe that reward should be made on a basis of ability Natural Abilities: This is hard to determine because someone who has the ability to do something doesn't necessarily have to put in their abilities should they be rewarded over people who don't have abilities but work hard and produce more and better? Acquired Abilities: Different since people had to put in time and effort and money to get them Rewarding it would be more significant than awarding natural abilities Not using these Skills is also a problem, having these abilities alone does not constitute a reward- requires effort and production to reap a reward

CHPT 7 Consequences of the Offender

Punishment can deter them, but would killing them make them a better person? Would life in prison really deter someone from committing crimes? And if it did would it be fair to keep them in prison Utilitarians sometimes argue that incarceration is not good but rather psychiatric treatment may reform the person where imprisonment cannot But some treatment doesn't work since 1. Prisoners resent mandatory treatment 2. Therapists vary with no general standards which to find a cure 3. Therapists will have too much power over offender 4. Therapists have power over release dates that are indeterminate, instead of regular determinate Therapists can't be certain people are cured- and return rates are the same no matter what to prisons

CHPT 7 Retributive Justice: Punishment

Punishment: the act of penalizing someone for a crime, fault, or misbehavior, penalty for wrongdoing

CHPT 7 Retributive Justice: Restitution

Restitution (Compensation Theory): the act of somehow compensating the victim for harm or wrong was done to him or her, such as compensation required to be made to the victim by the perpetrator of the harm

CHPT 7 Restitution relationship to the retributivism and utilitarian theories

Restitution = good with retributivist theory= since considers desert of criminal and those victims, punishment more meaningful Utilitarians like this punishment since it = good consequences instead of locking people up to do nothing

CHPT 7 Theories Of punishment: Retributive or Deserts Theory

Retributive or Deserts Theory Oldest theory of punishment, based on what people actually deserve, punish given only when deserved and only to the extent that is deserved Concerned with past, not future Punishment not imposed in order to do or accomplish anything, but imposed solely because of an offense or crime F. H Bradley stated that punishment is punishment only when it is deserved, give because we owe it and no other reason, it is an injustice if given otherwise

CHPT 7 Theories on how To Reward: Retributivist or Deserts, Theory

Retributivist or Deserts, Theory Strictly on what people deserve or merit, for what they have done in the past Not based on the consequences of what they have done or the good consequences that can happen in the future because of them Not interested in rewarding for utility, like inspiring them to do more work, but just on the effort expended For example, two people who put in their most effort rewarded the same despite any better or worse work The usefulness, argued by a utilitarian, would be little since it wouldn't inspire anyone to do necessary life threatening jobs

CHPT 7 REWARD:

Reward: distributing on fair and just basis with the good that is concerned Be distributed equally regard to abilities or merits Or person's abilities What they merit or deserve Or according to their needs

CHPT 7 Concept of a Right

Rights: allow bearer to make claims on individuals, rights are entitlements Rights entitle us to act on our own or be treated by others in specific ways without Asking Right is the rational basis for moral demand Mill argued that social utility is foundation for rights, he said that he has a valid claim on society to protect him- either by force or law. To have right is to have something that society ought to defend the possession of Justice implies something that is not only right to do, but someone can claim from us as his moral right Kant stressed rights and correlation duties, a right is "a moral capacity to bind others", duty from word deon, that which binds. More on this page 129 Jack Donnelly stress importance of unconditional nature of human rights and universality, all humans have these rights and cannot lose them Human rights regime based on agreements, key documents, etc. which structure the current human rights debate United Nations Declaration of human rights on page 130

CHPT 7 Problem with Justice

Say utilitarianists don't concern themselves with justice and only on utility, some of them say that justice is outdated Restitution or compensation for victims theory: Justice only served if victims provided with restitution for crimes against them If stolen from, got money back

CHPT 7 Criteria for Rewarding people : Need

Some argue that reward should be handed out on basis of need people; those who have the greatest needs to be given the most good things Private: Is concerned with what individuals need as a result of being poor or out of work many argue that we should help the poor and needy Among Us hard to determine how to reward on basis of need alone for example should we only hire the needy regardless of qualifications? John Hospers points out people who need jobs most are often those who have no employable skills, so what would happen to business if we hired unemployable employees? the questions pertaining to need often arise in academic situations involving scholarships: how award the needy or the brightest or both? Issue with rewarding on basis of need is that it eliminates incentive to make an effort or develop abilities awarding on need alone does not seem fair Public: rewarding is done on the basis of people's contribution to or fulfilling of public needs but example is rewarding a doctor since they helped everyone in healthcare how to determine how we will award other workers such as Farmers or plumbers when they Supply public needs as well we often award people who don't contribute as much such as actors or athletes in comparison to other workers

CHPT 7 Advantages/ Dis on Rawl's theory

This theory allows individual freedom but still allows fair distribution of wealth to all members of society- fits US Does not fit with conservatives who don't want to share the wealth and be forced to with taxes Do people not want to consider themselves with the veil of ignorance? This theory allows rich people to gain a lot more- like actors and allows excesses like this

CHPT 7 Utilitarian or Results Theory

Utilitarian Theory: is future oriented that looks forward to the result and consequences that accure from punishing someone Punish not because of crime, but in order that something good happen because of punishment Jeremy Bentham: one of the founders of utilitarianism, state that punishment always have as its aim the good of society Sanctions to eliminate criminal behavior 1. Internal sanctions brought by development of children to mobilize guilt or shame 2. External sanctions, established by laws and provide penalties for immoral behavior Can intertwine, some offenses affect conscientiousness and punishments Utilitarian theory argues that no punishment is justified if it does not offer good consequences No point to punish if it does not produce good consequences or prevent harmful ones Ask 3 questions : Will wrongdoer stop crimes and be a bettter person of society if punished Will others in community avoid this crime if he's punished? Will society be protected from the criminal? If not, not morally justified

CHPT 7 Retributive Justice: Utilitarianism

Utilitarianism (Results Theory): advocates rewarding or punishing based on results of the act whether or not it brings about the greatest good consequences for the greatest number of people

CHPT 7 Theories on how To Reward: Utilitarianism

Utilitarianism, or Results Theory Theory is based upon good consequences for everyone affected by Acts or rules they emphasize the future results of rewarding rather than merely respond to past efforts give Rewards based on good consequences for everyone utiliTarian would be in favor of paying higher wages or giving extra paid for dangerous jobs also believe in rewarding workers who are brighter or who produce more and better results problems with this theory is it rewards production essentially a not hard-working worker who brings in more business would be more rewarded than a hard worker another problem is if good consequences are the criteria for reward than it is possible to reward an undeserving person

CHPT 7 Some other possibilities of good or rewards

We could also try four major ways to distribute good Distribute equitable as possible and with considering need Temper those consideration where people deserve it to abilities or factors Synthetic approach may be best We could decide who to distribute good based on that specific situation- but give the good and bad out equally without regard to merit Conclude: synthetic approach for giving reward and punishment, using all three theories, and considering situation and context for giving goods, but not forgetting distribution whenever possible

CHPT 7 Retributive Justice: Reward

given or received for worthy behavior, usually on basis of merit, deserts (what people deserve), or ability

CHPT 7 Rawls two basic principles: The difference principle

the difference principle any inequality is permissible to the extent that it is to everyone's Advantage including people at the bottom of society ranks this gives people more individual rights not among their so-called natural rights for example a doctor would be paid more in exchange for all of the Good Deeds he does for society believes that justice as fairness requires the distribution of wealth to all members of society the distribution of wealth must give no member of society unfair advantage over other members and the members of society must be willing to accept the rule no matter what their segments will be Rawls would do transfer of payments meaning tax those at top ranks of wealth to supplement the poor