Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]Stephen, Leslie
Philosophy
Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]
Stephen, Leslie
Ethics, Evolutionary; Social ethics
further, though there are various difficulties about the distinction
between "self-regarding" and "extra-regarding" conduct, we must also, I
think, allow, in general terms, that the fact that a man's conduct has a
direct and assignable influence upon his neighbour's happiness, must
always be one reason, and, frequently, the only sufficient reason, for
suppressing it by legal penalties.
This doctrine of simple deterrence, however, seems, to most critics, to
be insufficient. It omits the moral element too completely. When a man
is punished for some revolting offence, we are not simply providing him
and his like with reasons for abstaining in future. We are, as a fact,
exposing him to infamy, sometimes more painful to bear than the
immediate penalty, and are thus, in fact, invoking the sanction of the
moral sentiment. Therefore, it is urged, we must still, whether we like
it or not, be moralists. The purely utilitarian argument has omitted one
element of the calculation. The punishment not only deters offenders,
but gratifies the feeling of resentment to moral indignation, which has
been approved by many moralists. Hence, it is urged, besides the
deterrent theory, we must make room for the vindictive theory. It is
legitimate and right to hate crime, and, therefore, to hate criminals;
and legal punishments are defensible, not merely as adding to the
motives for refraining from crime, but as gratifying the desire for
revenge, which, in early ages, was assumed in the rude modes of putting
down violence, and which, even now, should be not eradicated but
confined within legal channels and directed towards the desirable ends.
Public-domain text, read in full here on John Shaqi.
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