UNIT 4 ASSIGNMENT A 2
4, Assignment A
Question 1: Explain retributive rationale and utilitarian rationale for punishment.
What rationale do you prefer and why?
According to the Stanford Encyclopedia of Philosophy (2003), punishment seems
to have taken a retributive form with an evident shift in terms of the practical application
of punishment. Some of the commonly used rationales for punishment are the retributive
and the utilitarian rationales. Retributive rationale is that whose consideration for
punishment is that which requires equivalence of the punishment rendered to the crime
committed. The retributive rationale for punishment is founded on three tenets, one that
requires punishment to be rendered only to someone who has engaged in something
wrong voluntarily. The second tenet reads that the punishment offered to the offender
should be equivalent to the crime committed. Tenet three requires that the justification
rendered through punishment serves as the moral justness as a means of paying for the
wrong done. Bedau (1978) observes that the retributive rationale is based on the fact that
an offender who breaks the law forfeits their right to a particular thing whose value
equals the offense committed.
Utilitarian rationale for punishment refers to a theory of justification of
punishment that seeks to weigh the good side of the offender. Shoemaker (1999) observes
that instead of matching his punishment to the offense, the utilitarian rationale seeks to
prevent the further crime from being committed through various ways. One of the options
seeks to reform the criminal in question by assisting them to become a better person. The
other option as pertains the utilitarian rationale is that which seeks to prevent more crime
by ensuring that the society is protected from the offender, as well as, ensuring that the
UNIT 4 ASSIGNMENT A 3
rest of the society is deterred from committing crime by exposing them to the fear of
punishment.
In my personal preference with regard to the two kinds of rationales, I would
prefer the utilitarian rationale which I find more effective than retribution. For instance,
retributive rationale argues that punishment rendered to the offender should be equivalent
to the crime committed. I find that unrealistic especially after assessing some of the
crimes that offenders are likely to commit. Matching punishment to one’s crime seems
inhumane and unrealistic. For instance, the crime of rape based on literal retribution of
punishment would look at the option of having the offender subjected to rape, a rather
impractical idea.
Question 2: Discuss the Philosophy of imprisonment and explain what it means to
you.
The practice imprisonment according to Olson (2008) was never considered as a
main form of punishment from the legal perspective. However, things seemed to be
taking a new turn as the days advanced. Imprisonment is considered to be among the
most complex among all the forms of punishments considering the fact that it has much
impact on the life of the person imprisoned. The effect in relation to the practice of
imprisonment may be materially considering that one’s ability to earn is affected,
physically owing to the lack of freedom for the prisoner, emotionally, or even mentally.
One of the commonly asked questions in relation to the practice of imprisonment is
whether it really serves the interest of justice. The emergence of imprisonment as a
prominent form of punishment is one that is linked to the philosophy of imprisonment.
According to Pollock (2005), there is a clearly evident division among different
UNIT 4 ASSIGNMENT A 4
philosophers based on the definition of punishment. Defined as that which involves the
infliction of pain or an unpleasant experience in response to the violation of a particular
law, some people argue that subjecting an individual to pain is not right hence the debate
among philosophers. In this case, the philosophy of imprisonment looks into the different
aspects of the prisoner after being incarcerated. One of the key things is the fact that most
people give “psychological punishment” as one of the main descriptions for
imprisonment. In this case, the prisoner gets affected on various levels including the
physical, emotional, and psychological. Philosophy of imprisonment is linked to the
philosophy of punishment forming the basis of retributive and utilitarian rationales for
punishment. Given the fact that the philosophy of imprisonment and punishment has
created a major division between two people, we have the two groups disagreeing on the
justification of punishment. One group argues that inflicting pain on the offenders as a
form of punishment differs from inflicting pain on individual people making the use of
punishment not inherently wrong. The second group believes that it is not correct to
subject an individual to punishment unless its justification puts into consideration the
greater good of the individual In question (Taylor, 2011).
According to me, the philosophy of imprisonment is that which puts into
consideration what imprisonment does to an individual once it is employed as the
preferable method of punishment. I believe that despite its popularity, imprisonment does
not necessarily mean that the person imprisoned will reform. This, therefore, means that
more options should be considered when looking for methods to punish offenders instead
of being limited to imprisonment. In any case, there is evidence that not all individuals
UNIT 4 ASSIGNMENT A 5
subjected to imprisonment come out as changed people after serving their term. There is a
high likelihood that others come out more bitter and vengeful.
Question 3: What are your thoughts on “Restorative Justice?”
Restorative Justice is a relatively new concept in the field of criminology, one that
most argue represents both a movement and an idea. According to Mantle, Fox, and
Dhami (2005), Restorative Justice seeks to take a position of dealing with crime, one that
differs with the retributive rationale for punishment. One of the key principles linked to
the philosophy of Restorative Justice is that in case of crime, the conflict therein is
between the different people involved, rather than the person involved in the criminal
offence and the State in which the crime was committed. There is also a need to mention
that the idea of Restorative Justice is one that believes that all the members of the
community should participate in matters related to disorder and crime in the society, as
well as, the governance of security. One of the ways in which the philosophy of
Restorative Justice is described is that of being a humanitarian approach that seeks to
enhance the aspects of healing, forgiveness, repairing, and reintegrating broken
relationships among the conflicting members of the society. In order to achieve this kind
of a result, all the programs linked to the philosophy of Restorative Justice seeks to bring
the different people involved in the crime together regardless of whether their
involvement was direct or indirect. Some of the key individuals that may be involved in
the programs of Restorative Justice include the victim of the offence, the offender,
respective family members from both parties, as well as, the representatives from the
community in question. Once they converge together, the different parties make known
their concerns and work towards getting to a place of mutual agreement. According to
UNIT 4 ASSIGNMENT A 6
Pollock (2005), rather than subject an individual or an offender to punishment,
Restorative Justice seeks to restore all the parties involved into a state of wholeness.
In my own perspective, Restorative Justice stands out as one of the most effective
approaches to dealing with matters related to crime. Instead of engaging in methods like
retribution, Restorative Justice works in a way that seeks to ensure that the crime being
dealt with serves as a foundation to ensure that the community does not get deeper into
criminal activity, but that it restores the entire system into a state of wholeness. I consider
Restorative Justice to be an innovative method of dealing with criminal activities, one
whose effectiveness and efficiency may run from one generation to another.
Question 4: What are the highlights of the “Bentham Project?” Why are they
important?
Jeremy Bentham (1748-1832) is believed to be one of the people who had much
influence on utilitarianism and made great contributions to the field of Criminology. In
relation to utilitarianism, Bentham is remembered for his great contribution in different
kinds of reforms from both a social and a legal angle. Ernst (2011) observes that one of
the most daunting tasks is that in relation to presenting the works of Jeremy Bentham in a
single volume. In this case, therefore, there is a need to provide the highlights of the
“Bentham Project” and the reason as to why they are important. One of the highlights of
the “Bentham Project” is that which relates to the doctrine of utilitarianism, one that
seeks to reconsider the thoughts of Jeremy Bentham on a different and new light.
Synergies between morals is yet another highlight of the “Bentham’s Project.” This one
seeks to provide an explanation for the rules associated with private conduct. There is
also the legislation highlight in relation to the “Bentham Project.” This highlight is one
UNIT 4 ASSIGNMENT A 7
that deals with matters that seek to command the control of public action. Among the
highlights of “Bentham’s Project” is that of “greatest happiness principle,” one that
believes that pleasure or happiness has predominance over pain. Other highlights that
may be associated with the “Bentham Project” are in relation to the human nature, moral
philosophy, political philosophy, rights, liberty, law, and the government.
With regard to the importance of the highlights of the “Bentham Project,” it is
evident that his was a major contribution to the field of Criminology. One of the main
important aspects is that according to Jeremy Bentham, it takes the “utility principle” to
guide the actions of human beings and the policies that the government formulates and
seeks to implement. With regard to criminology, it is evident that the works of Jeremy
Bentham played a key role in ensuring that there were reforms in the Criminal Justice
System in relation to the forms of punishment meted to offenders of law. For this reasons,
therefore, the “Bentham Project” is playing a key role to ensure that the collected works
of Jeremy Bentham are produced in order to facilitate a continuation of his ideas to the
modern school of thought.
UNIT 4 ASSIGNMENT A 8
References
Bedau, H.A. (1978). Retribution and the Theory of Punishment. Journal of Philosophy.
Vol. 75, Is. 11.
Ernst, A.B. (2011). The Collected Works of Jeremy Bentham. The Tocqueville Review.
Vol. 32, No. 1.
Mantle, G., Fox, D., & Dhami, M.K. (2005). Restorative Justice and the Three Individual
Theories of Crime. Internet Journal of Criminology. Is. 2005.
Olson, M. (2008). Philosophies of Imprisonment in Late Antiquity. Constructing the
Past. Vol. 9, Is. 1, Art, 7.
Pollock, J.M. (2005). The Philosophy and History of Prisons. Prisons: Today and
Tomorrow. Retrieved From
http://www.jblearning.com/samples/0763729043/Chapter_01.pdf
Shoemaker, D.W. (1999). Utilitarianism and Personal Identity. The Journal of Value
Inquiry. Vol. 33.
Stanford Encyclopedia of Philosophy. (2003). Punishment. Stanford. Retrieved From
http://plato.stanford.edu/entries/punishment/
Taylor, R. (2011). Why Has Prison Emerged as a Prominent Form of Punishment for
Most Crime and what are its Functions in Relation to the Wider Society? Internet
Journal of Criminology. 2011 Is.
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