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Law
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Topic:
Classical Theory of Justice
Essay Instructions:
What is your synopsis of the Classical Theory of Justice? What is the difference between desert and merit? What are two objections to desert based justice?
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Name
Lecturer
Course
Date
Classical Theory of Justice
The classical theory of justice proposes that a person who breaks the law commits it in his own free will and clearly understand the consequences of the actions. This is the reason the theory postulates that whenever an individual breaks the law they should receive a punishment equal to the committed crime (Walzer, 67). They propose a reaction for every action which would act as deterrence for society to commit crime and keep in check the behaviors of society. This paper discusses the synopsis of the Classical Theory of Justice and the difference between desert and merit. In addition, it identifies two objections to desert based justice.
The free will to commit crime for every individual is the basis of this theory given that people control their own behavior. It proposes that every person has the ability to control what they do and they will only commit a crime by choice. The judiciary is responsible for formulating the law and ensuring they determine the guilty individuals depending on the case. The police and the courts through established correctional facilities are charged with the responsibility to implement the punishment on the criminals (Lake, 96). The debate still ranges on whether the individuals always act on free will or they may be forced by circumstances to commit the criminal acts. Such factors as psychological and genetic factors make this theory more debatable as personal will may not be the reason to commit the crime. It was advocated as the social contract doctrine the rationality of individuals, utilitarianism and the pain principle. In...
Lecturer
Course
Date
Classical Theory of Justice
The classical theory of justice proposes that a person who breaks the law commits it in his own free will and clearly understand the consequences of the actions. This is the reason the theory postulates that whenever an individual breaks the law they should receive a punishment equal to the committed crime (Walzer, 67). They propose a reaction for every action which would act as deterrence for society to commit crime and keep in check the behaviors of society. This paper discusses the synopsis of the Classical Theory of Justice and the difference between desert and merit. In addition, it identifies two objections to desert based justice.
The free will to commit crime for every individual is the basis of this theory given that people control their own behavior. It proposes that every person has the ability to control what they do and they will only commit a crime by choice. The judiciary is responsible for formulating the law and ensuring they determine the guilty individuals depending on the case. The police and the courts through established correctional facilities are charged with the responsibility to implement the punishment on the criminals (Lake, 96). The debate still ranges on whether the individuals always act on free will or they may be forced by circumstances to commit the criminal acts. Such factors as psychological and genetic factors make this theory more debatable as personal will may not be the reason to commit the crime. It was advocated as the social contract doctrine the rationality of individuals, utilitarianism and the pain principle. In...
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