A critical view on punishment as a part of the law and government system

Background Philosophical reflection on punishment has helped cause, and is itself partially an effect of, developments in the understanding of punishment that have taken place outside the academy in the real world of political life. A generation ago sociologists, criminologists, and penologists became disenchanted with the rehabilitative effects as measured by reductions in offender recidivism of programs conducted in prisons aimed at this end Martinson

A critical view on punishment as a part of the law and government system

A legal system is a procedure or process for interpreting and enforcing the law. Overview There are hundreds of legal systems in the world.

A critical view on punishment as a part of the law and government system

At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures.

Legal systems | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute

At the national level there are over sovereign states in the United Nations Organization. Many of these are federaland their constituent parts may have their own additional laws. But, despite this great variety, it is important to begin by emphasizing the division between religious legal systems and secular legal systems.

Each holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law, however, is made by human beings.

In a religious legal system disputes are usually adjudicated by an officer of that religion, so the same person is both judge and priest. In a secular system, by contrast, the office of judge is separate, and is often reinforced by guarantees of judicial independence.

Nowadays there are few countries whose legal system is exclusively religious. By contrast, a large number of countries have secular systems, and this feature may be built into their legal structure, as in the French and the Russian constitutions, or the very first words of the First Amendment to the American Constitution: A number of other countries have dual systems.

However, a secular system with state courts covers the wider fields of public and commercial law. This was the position in England until the s, and is the case today in IsraelIndiaand Pakistan.

In these dual jurisdictions, the proportion of human activity governed by one or the other system may depend on the stage of economic and political development of the country in question. Constitutions Constitutions differ widely.

Some handle serious internal ethnic, linguistic, and religious differences, while others are written for a homogeneous population. Some are largely restricted to a set of justifiable rules of law, while others contain manifesto-like proclamations A few are contained in no given text or texts, notably in Andorra, Israel, New Zealand and the United Kingdom.

Typically there are only a few generalizations that may be made across various constitutions. First, constitutions aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government and to define the relationship between these and the public.

Second, no constitution, however well designed, can protect a a political system against effective usurpation. Third, in many countries the holders of power ignore the constitution more or less entirely. Fourth, even where constitutions work, none is complete: Fifth, most begin by identifying at least on paper the constituent authority such as 'the people' and often invoke the deity i.1.

The Place of Political Philosophy within Kant’s Philosophical System. Kant’s political philosophy is a branch of practical philosophy, one-half of one of the broadest divisions in Kant’s thought between practical and theoretical philosophy.

Capital punishment is a legal penalty under the United States federal government criminal justice system. It can be handed down for treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases.

On the view sketched so far, a system of punishment under law is fundamentally a technique of social control (Gibbs ), and its employment is justified to the extent that it actually protects such social justice as society through its laws has achieved.

The critical analysis of both a fully backward-looking retributivist view and a fully forward-looking utilitarian view will allow me make the case for a “checks and balances” approach to criminal punishment.

Punishment (Stanford Encyclopedia of Philosophy)

In this view, criminal law is no longer an integral part of the principles of justice which constitute society to begin with. Instead of a governing conception of the common good, each society must secure the aggregate self-interest, narrowly understood, of the individuals in a community.

The criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator.

Kant's Social and Political Philosophy (Stanford Encyclopedia of Philosophy)