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APA
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Law
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English (U.S.)
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Topic:
Benthams’s Claim on Punishment and the Utilitarian Theory of Punishment
Essay Instructions:
-Discuss Benthams’s claim that punishment is an evil (1). Can punishment, including capital punishment, be justified on utilitarian grounds? Or does punishment of criminals actually decrease the overall happiness of society, as Bentham maintains?
-What policy would a utilitarian most likely propose for dealing with potentially dangerous criminals?
Essay Sample Content Preview:
Ethics
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Ethics
Jeremy Bentham is an economist and a legal reformer who initiated modern utilitarianism, stipulating that punishments are morally correct if they promote happiness among individuals affected and morally wrong if the actions promote pain. Bentham defines punishment as an artificial consequence imposed by political authorities on offensive action. According to Bentham, punishments are evil since there are no ways that justify them concerning utilitarian ethics. Utilitarian ethics advocate for the sacrifice of a few individuals for the happiness of the majority, but punishments such as capital punishments do not fit in the context (Hanafy, 2021). Capital punishment is executing an offender sentenced to death after conviction by a court of law. Bentham opposed death punishment mainly because he felt it was less effective than life imprisonment, particularly when it involved hard labor (Bedau, n.d.). The death penalty is a discriminatory and cruel punishment often used against vulnerable membe...
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