Expression, Penance, and Reform By R.A. Duff. Introductory Laws give the public guidelines for moral conduct, however, they are just that: guidelines. The individual is recognized as able to make their own decisions…but does punishment follow suit? Consequentialist Views
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Laws give the public guidelines for moral conduct, however, they are just that: guidelines. The individual is recognized as able to make their own decisions…but does punishment follow suit?
Punishment is a manipulative technique for further promoting certain further ends.
People obey the laws out of fear, not out of moral character
Punishment has an expressive meaning
Aim is to communicate something to the criminal
Essentially Rehabilitation or Self-Reform
Two whose views shifted toward this way of thinking about punishment
Was: “we must understand punishment in essentially deterrent terms
Is: “wants to place more emphasis on retribution, penance, and communication
Was: “punishment can restore an abstract “rule-established balance of benefits and burdens” but cannot restore “close relationships defined by feelings and attitudes”.
Is: “Paternalistic Theory” concern for the criminals well being and for her relationships with her fellows.