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Justice and Punishment 2 - Coggle Diagram

- - - - laws should be made by people coming together to express what is best for overall society
      - argued in favour of "social contract" based on communitarian principles
      - people should have individual liberty they should move away from a "self- focused lifestyle to one that took account of others"
      - once laws made by all society acting together than everyone should be legally bound to keep them without expectation
      - needs of individuals secondary to needs of society
    - - maintain the right balance between individual freedom and the collective good of the whole state
      - "... where the good of the city state is placed above the good of any single individual"
      - justice was concerned with the protection of all people to protect them from suffering at the hands of others who may wish to exploit them
      - Thompson comments that Plato sees justice as "a matter of achieving harmony between the different parts of society"all members of the state should have an equal share in the distribution of goods and burdens for running that society
    - - not only not harm another individual, but we should also "assist those who are worse off than ourselves"
      - wrote 'A Theory of Justice'
      - establish 2 principles:
        
        inequalities are only permitted of they benefit less well-off members of society
        
        each person has equal right to maximum amount of liberty
  - - - were entitled to all our earnings and possessions providing that we remain within boundaries of the law
      - referred to as ' the entitlement position'
      - claimed that justice was about entitlement
      - argued against Rawls saying that his theory of justice unfairly benefits the poor at the expense of the rich and fails to consider that people are legitimately entitled to assets they have earned
      - don't have obligation to assist those who are less well off than us, but we must not exploit others who acquire wealth
    - - there should only be minimum restriction individual freedom, tended to emphasise the good of the individual above the good of the collective society
      - people of society must be give a certain amount of freedom in order to receive protection of the state
      - leader of society should establish just laws to preserve the freedom and protect the rights of people under his authorit
      - idea of "social contract" aimed to "ensure maximum freedom combined with personal security"
    - - each individual had a "moral right not to harm another", but we had no duty to worry about the needs of anyone else- we should only worry about our own personal needs
      - state authorities must ensure the rights are upheld and the laws respected
- - - - in Summa Theologica Aquinas argued that when human beings do something immoral through an abuse of their God-given freedom they lose their human dignity and have "the subject state of animals "
      - to kill a criminal guilty of a major crime was no worse than killing an animal
    - - primary aim of punishment is the protection of innocent people
      - "preserving the common good of society requires rendering the aggressor unable to inflict harm. For this reason the traditional teaching of the Church has acknowledged as well founded the right and duty of legitimate public authority to punish malefactors by means of penalties commensurate with the gravity of the crime, not excluding, in cases of extreme gravity, the death penalty"
    - - support restorative justice as way of reforming offenders by giving them the chance to see the real impact of their crimes
      - gives victims a voice in the justice system and also holds offenders to account for what they have done and helps them to take responsibility and make amends
      - 'That this Synod would deplore the reintroduction of capital punishment into the United Kingdom sentencing policy'
    - - Aquinas
        
        actions necessary to preserve the good of society are not inherently evil
        
        "For those who have been appropriately appointed, there is no sin in administering punishment. For those who refuse to obey God's laws, it is correct for society to rebuke them with civil and criminal sanctions. No one sins working for justice, within the law"
        
        supporter of death penalty
        
        "The life of certain pestiferous men is an impediment to the common good which is the concord of human society. Therefore, certain men must be removed by death from the society of men"
      - Augustine
        
        means of deterring the wicked and protecting the innocent
      - RC Church
        
        form of "lawful slaying"
        
        Modern RC Church
        
        Pope Francis advocated- "capital sentences be commuted to a lesser punishment that allows for time and incentives for the reform of the offender"
        
        death penalty is permissible in certain cases if "guilty party's identity and responsibility have been fully determined"
        
        as defense against criminal, the Church teaches that if there are other means available to defend people from the "unjust aggressor", these means are preferred to the death penalty because they are considered to be more respectful of the dignity of the person and in keeping with the common good