The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
i. An obvious point of view, and the first perhaps to appear in
philosophy, though strongly opposed to early law, is that the aim of
punishment is to make the offender good. As test of the adequacy of
this doctrine by itself, the question may be put, “If pleasures would
cure the offender, ought he to be given pleasures?” The doctrine,
however, does not, by any means, altogether incline to leniency. For
it carries as a corollary the extirpation of the incurable, which
Plato proposes in a passage of singularly modern quality, when he
suggests the co-operation of judges and physicians in maintaining the
moral and physical health of society. [1]
[1] _Republic_, 409, 410.
The first comment that occurs to us is, that by a mere medical
treatment of the offender, including or consisting of pleasant
conditions, if helpful to his cure, the interest of society seems
to be disregarded. What is to become of the maintenance of rights,
if aggressors have to anticipate a pleasant or lenient “cure”? It
may be true that brutal punishments stimulate a criminal temper in
the people rather than check it; but it is a long way from this to
laying down that there is no need {222} for terror to be associated
with crime. To suppose that pleasures may simply act throughout as
pains, is playing with words and throws no light on the question.
If we leave words their meaning, we must say that punishment must
be deterrent for others as well as reformatory for the offender,
and therefore in some degree painful. It is true, however, that the
offender, as a human being, and presumably capable of a common good,
has, as Green puts it, “reversionary rights” of humanity, and these,
punishment must so far as possible respect.
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