Q&A Radio: 12 January 2014, Question 1
I answered a question on justifying punishment on 12 January 2014. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
What justifies punishing people for committing crimes? In your 2006 graduate paper, "The Scope Problem in Punishment," you criticize utilitarian theories of punishment that aim for deterrence of future crimes on the grounds that they don't punish all and only those who are guilty. Yet why is that a problem? Moreover, why should a criminal be punished if doing so won't have any future benefits, such as deterring future crimes? Doesn't self-interest require that actions have some future benefit – and if so, shouldn't all punishment have some positive future effect like deterrence?
My Answer, In Brief: The justification for the practice of punishment must be a rights-based retributive theory, otherwise the theory of punishment will demand that some innocent people be punished and some guilty people not be punished. However, deterrence, incapacitation, and rehabilitation are legitimate values to be sought when considering how to punish criminals.
- Duration: 26:47
- Download: MP3 Segment (9.2 MB)
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About Philosophy in Action
I'm Dr. Diana Brickell (formerly Diana Hsieh). I'm a philosopher, and I've long specialized in the application of rational principles to the challenges of real life. I completed my Ph.D in philosophy from the University of Colorado at Boulder in 2009. I retired from work as a public intellectual in 2015.
From September 2009 to September 2015, I produced a radio show and podcast, Philosophy in Action Radio. In the primary show, my co-host Greg Perkins and I answered questions applying rational principles to the challenges of real life. We broadcast live over the internet on Sunday mornings.
My first book, Responsibility & Luck: A Defense of Praise and Blame, can be purchased in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck." My second book (and online course), Explore Atlas Shrugged, is a fantastic resource for anyone wishing to study Ayn Rand's epic novel in depth.
I can be reached via e-mail to email@example.com.