Why Is It Necessary - 1970 Words

Under what circumstances do we, as human beings, find justification in the punishment of others? What is the best way to go about handling situations in which a punishment is deemed necessary? Who had the authority to deem it necessary in the first place? Clearly, none of these are easy questions to answer, and it may seem that there is no correct answer. Indeed, these questions have been answered before by multiple famous philosophers, and their answers are what we will be looking at and analyzing today. Specifically, we will look at how Jeffrie Murphy explains why a retributivist way of thinking is superior, but also the non-practical implications of thinking this way from a Marxist viewpoint. To begin, we will define the two major†¦show more content†¦This is the idea that everything we decide between being moral or immoral should be based on a â€Å"Social Contract†, that all people agree upon. This â€Å"contract† is not an actual contract signed by everyo ne, but rather a hypothetical scenario that creates an ideal system. The scenario involves â€Å"what John Rawls calls ‘the original position’† (225, Murphy). The original position is the point at the beginning of society using the â€Å"united will of the entire people† (226, Murphy) to distinguish what should be considered just or unjust. It is important to note that this is not based on factual history, but rather a model in which society could be based on. Both Rawls and Kant agreed with contractarianism and both used it to make their justification on when it is alright to punish. On the contrary, something exists that is known as the Moral Education Theory, created by Jean Hampton. Instead of simply punishing one because of wrongdoing (like contractarianism suggests), Hampton says that the punishment that is given should aim to â€Å"accomplish a concrete moral goal† which includes â€Å"the benefiting the criminal himself† (220, Hampton). Basically, it is the goal of the state to morally educate everyone, that is, to let all of society (including the offender) know the reasons why an action is morally wrong. After the offender has been given the punishment, it is solely up to them if they want to take the moral advice given to them. More will be discussed about