Principle of Utility and Retributivism

These flashcards cover key vocabulary and concepts related to Bentham's Principle of Utility and discussions on retributivism, including arguments from Rachels and Yankah regarding punishment philosophy.

Principle of Utility (POU)

A rule proposed by Bentham for making rational political and policy decisions that aims to increase overall happiness.

Hedonism

A value system that measures the morality of actions based on the pleasure or pain they produce.

Universality

The concept that everyone’s interests matter equally when making decisions under the Principle of Utility.

Equality

The principle that every individual's interest should be treated with equal regard in decision-making.

Positive Argument of POU

Bentham's argument that the Principle of Utility is a good rule for making decisions affecting people's lives, reflecting societal values.

Negative Argument of POU

Bentham's argument that critiques competing decision-making theories for being irrational and unjust.

Principle of Asceticism

A worldview suggesting that pleasure is bad and pain is good, which Bentham critiques as confused utilitarianism.

Principle of Sympathy and Antipathy

A theory that decisions can be made based on subjective beliefs of decision-makers, which Bentham argues is flawed.

Retributivism

The idea that punishment should be proportional to the wrongdoing and based on past actions.

Principle of Desert

The principle that treatment should correspond to how people have treated others; those who act well deserve good treatment.

Proportionality in punishment

The principle that the severity of punishment should align with the seriousness of the crime.

Four Principles of Punishment according to Rachels

1. Guilt: Only the guilty should be punished.

2. Equal treatment: The same crime should yield the same punishment.

3. Proportionality: The punishment should match the seriousness of the crime.

4. Excuses: The system should have provisions to limit punishment.

Mass incarceration

A systemic issue in the U.S. that disproportionately harms certain communities, particularly communities of color.

Principle of Utility (POU)

A rule proposed by Bentham for making rational political and policy decisions that aims to increase overall happiness.

Hedonism

A value system that measures the morality of actions based on the pleasure or pain they produce.

Universality

The concept that everyone’s interests matter equally when making decisions under the Principle of Utility.

Equality

The principle that every individual's interest should be treated with equal regard in decision-making.

Positive Argument of POU

Bentham's argument that the Principle of Utility is a good rule for making decisions affecting people's lives, reflecting societal values.

Negative Argument of POU

Bentham's argument that critiques competing decision-making theories for being irrational and unjust.

Principle of Asceticism

A worldview suggesting that pleasure is bad and pain is good, which Bentham critiques as confused utilitarianism.

Principle of Sympathy and Antipathy

A theory that decisions can be made based on subjective beliefs of decision-makers, which Bentham argues is flawed.

Retributivism

The idea that punishment should be proportional to the wrongdoing and based on past actions.

Principle of Desert

The principle that treatment should correspond to how people have treated others; those who act well deserve good treatment.

Proportionality in punishment

The principle that the severity of punishment should align with the seriousness of the crime.

Four Principles of Punishment according to Rachels

1. Guilt: Only the guilty should be punished.

2. Equal treatment: The same crime should yield the same punishment.

3. Proportionality: The punishment should match the seriousness of the crime.

4. Excuses: The system should have provisions to limit punishment.

Mass incarceration

A systemic issue in the U.S. that disproportionately harms certain communities, particularly communities of color.

Three distinguishing features of Bentham's Principle of Utility

1. Universality: Everyone's interests matter equally. 2. Equality: Each individual's interest is given equal weight. 3. Hedonism/Welfarism: Focus on pleasure and pain as measures of good and bad.

Bentham's Negative Argument for the Principle of Utility

Bentham argues that theories competing with the Principle of Utility, such as the Principle of Asceticism or the Principle of Sympathy and Antipathy, are irrational, unjust, and cannot consistently serve as bases for decision-making, thus highlighting the utility principle as the most rational alternative.

Basic idea of Retributivism according to Rachels

According to James Rachels, the fundamental idea behind retributivism is that people should be punished simply because they have committed a crime, and the punishment should be equal to the wrong done, regardless of future consequences.

Rachels' argument for Retributivism through Justice

Rachels argues that retributivism aligns with our intuitive sense of justice: those who inflict harm deserve to suffer proportionally, and this is a matter of fairness and moral desert, not just future deterrence or reform.

Role of Rachels' Four Principles of Punishment

These four principles (Guilt, Equal Treatment, Proportionality, Excuses) serve as minimal standards that any adequate theory of punishment must satisfy, guiding the evaluation and reform of criminal justice systems to ensure fairness and justice.

Yankah's view on considering community effects of punishment

Yankah proposes that the criminal justice system should look beyond the individual wrongdoer and consider the broader impact of punishment on the entire community, especially the social, economic, and psychological harm caused by mass incarceration on families and neighborhoods.

Yankah's argument for considering community impacts of punishment

Yankah argues that failing to consider the community effects makes punishment unjust because it exacerbates existing inequalities and harms the very social fabric that the justice system is supposed to protect, particularly affecting marginalized communities disproportionately.

Three 'inconveniences' in Locke's state of nature

1. Lack of an established, settled, known law. 2. Absence of a known and impartial judge. 3. Want of power to back and support the sentence when right, and give it due execution.

Locke's reason for entering political society

According to Locke, individuals enter political society to remedy the inconveniences of the state of nature, by establishing a system with clear laws, impartial judges, and an executive power to enforce justice, thereby securing their rights and property more effectively.