Key
Concepts and Vocabulary
•
Retributivism: A general theory of punishment which advocates
the infliction of pain on the offender which is commensurate with
the crime. Possible reform of the individual or future deterrence
of crime is not a reason for punishment.
• Utilitarianism: A general moral theory which states that
one’s actions should be guided by a principle which produces
the overall best outcome to all of those affected by one’s
actions. In the issue of capital punishment, utilitarians may
justify capital punishment on the grounds that it does produce
the overall best outcome by deterring crime and/or by rehabilitating
the offender.
• Moral vs. Legal Wrongs: Legal wrongs are wrongs which
violate existing laws of the society. Committing a legally wrong
act does not necessarily mean that one is committing a moral wrong
since some laws might be immoral. Also, committing a legally correct
act does not necessarily mean one is also committing a moral act.
So, it could be the case that capital punishment is legally correct
but morally incorrect.
• Description vs. Prescription: To describe things is to
tell how things are. To prescribe things is to say how things
ought to be. In the context of capital punishment, one might simply
describe how capital punishment is administered and how often
it takes place, but prescribing capital punishment is to say that
it ought to take place.
VOCABULARY
•
Punishment: The infliction of bodily and/or mental harm to an
individual.
• Deterrence: The reduction of criminal activity due to
capital punishment.
• Justification: Offering reasons for a conclusion or a
main point. Example: Capital punishment should be allowed because
it reduces crime. “[B]ecause it reduces crime” is
a justification.
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