The purpose of this post is to provide bacground for fighting sins with suffering and the review of the moral harm concept.
Punishment is infliction of some mental or physical harm on someone who has broken a law legal or moral. The harm inflicted is activity that without the violation of the law, ought not be done. Infliction of harm requires justification. What is the justification? The justification is ” The violator ought to suffer harm because he violated the law.” Retribution is fullfillment of this obligation to inflict harm for the violation of the law. Retribution is punishment.
But what good is accomplished by taking retribution, viz., by punishing? Retribution (punishment) fulfils the obligation to inflict harm for violation of the law. We have here a condition in which two wrongs make a right. The wrong of inflicting harm in reaction to the wrong of violating the law sets things right. However, Doing what is right does not imply making things better. Morality or legality is satisfied by punishment even if no person is satisfied by improving their lives. So, punishment may not accomplish any good.
There is , however, a reluctance to recognize obligations whose fulfilment produces no improvement in human life. Merely satisfying morality or legality is easily regarded as too abstract to be relevant to improving human life. So various goals are proposed as something good for human affairs accomplished by punishment Indeed punishment frequently attains these goals. What are some?
Deterrence: Being aware of actual punishments may frighten people into obeying the law. In general, obeying laws is good for human flourishing.
Restraint: Some types of punishment such as imprisonment may prevent people from having any oportunity to violate the law.
Reform: Some type of punishment may train offenders to be obedient to the law. The re-education is infliction of a pain in so far as it is involuntary. Here is should be noted if the reform program is enjoyed by the law breaker, there is a sense that his punishment did not fit his crime. Think of a case in which an offender truly enjoys learning a trade in rison and after release becomes a good citizen practicing his trade. Punishment should not be a so-called win-win situation. In such a case, we might say “He wasn’t really punished, even if reformed”
Restitution: Some types of punishment may improve the lives of victions of violation of the law by requiring the offender to repair damage done by his violation.
It is to the credit of human intelligence that we have worked out ways to have obligations to do harm be fulfilled in ways which also produce good. But these ways of getting good from what is done in the punishing are not punishment itself.
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Punishment = Retribution
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