The Utilitarian Theory Of Punishment

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In this paper I will defend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. Before beginning to make claims in any direction, a brief and to-date synopsis of the utilitarian fundamentals regarding punishment will be necessary. From there, I will present the utilitarian theories of punishment as not only the most useful for a society, but also the best representation of criminal law being carried out justly. Following this assertion I will refute objections made by retributivists, and in doing so present a discovered common ground between the retributory criteria for just punishment and the utilitarian theories. This will not serve to say I believe in impure retributivism over the utilitarian theories, but rather will act as testament to the practicality of the utilitarian approach. Finally, I will propose the most ethical response to criminality is found from the utilitarian fundamentals of societal well-being, mentioning specifically the vindictive theories of punishment as meeting the utilitarian criteria. To the utilitarian, punishment is not an end in itself for the actions of a wrongdoer. Utilitarians and I believe punishment should serve as a larger means to an end that will benefit the future while righting the criminal actions of the past by employing deterrence, rehabilitation, and the disablement of the unjust human in the perpetual attempt to increase overall

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