Preview

Kant and Mills on Capital Punishment

Good Essays
Open Document
Open Document
1613 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kant and Mills on Capital Punishment
Kant and Mills on Capital Punishment
Capital punishment has raised debate in America since 1608. Both the “pro-“ and “anti-“ sides of the issue have strong arguments. Some believe killing is simply wrong, and violates universal human rights, others seek the only justice they deem appropriate, equal justice. I will examine the philosophies of Immanuel Kant, and John Stuart Mill, with regards to their stance on the death penalty.
John Stuart Mill (20 May 1806- 8 May 1873) was born in London, England. He was a renowned philosopher best known for his interpretation of utilitarianism, an ethical theory developed by Jeremy Bentham. Utilitarianism is based on the concept that an actions morality should be judged solely upon its resulting universal happiness. Under utilitarianism one should act only in a way that would promote the most good for the most people.
Utilitarian’s view suffering as intrinsically bad, and only when the amount of suffering is outweighed by the amount of resulting benefit is suffering acceptable. Punishment involving suffering is a very complicated concept for utilitarian’s. With regards to crime the only justifiable punishment is a punishment that will in turn reduce crime. Utilitarian decisions are in a sense always a balancing act between total good and consequential harm. The same is true for deciding how to punish criminal offenders; one most determine whether the overall balance of pleasure is increased or decreased because of the form of punishment considered. In doing this a true utilitarian would have to a lot equal consideration to the suffering of all parties including the criminal offender. Mills addressed these issues on April 21, 1868 in a speech given before parliament in response to a bill banning capital punishment. In this speech he displayed a clear support for capital punishment. Mills views capital punishment as a tool to keep society in order, and as the greatest deterrent from future crime. There are two ways to view

You May Also Find These Documents Helpful

  • Better Essays

    Allen debates firstly on the utilitarian arguments and thus possible benefits of the death penalty. Accordingly to Allen capital punishment is a deterrent and an understandable reaction of those who have been affected by the homicides. However, the significance of deterrence is unclear. Studies result only minimum support for deterrence as a consequence of executions, or what Allen in other words is trying to say: death penalty is to discourage or, scare if you will, the people from committing a murder (the death penalty in the U.S. today in practise, only applies for murder) (2), and does not have any effect. “Capital punishment remains a freakishly rare punishment” says Allen. This is a reaction to the following, if capital punishment has indeed barely sufficient deterrence or caution effects like what was just argued, it can just as well be an argument for its increased use instead of its decreased use. People do not feel alarmed enough for the consequences to prevent them from committing a murder. Clearly, it is difficult to understand the arguments from deterrence and finding a way to interpreted them sufficiently.…

    • 2408 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    The issue of capital punishment abolition has raised opposing viewpoints from Members of Parliament in the argument on the morality of capital punishment and its value as a deterrent to murder.…

    • 333 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    From Britain, philosopher and economist John Stuart Mill produced many articulate and well-structured critiques throughout the 19th century. It would be quite frustrating for one to evaluate Mill's works and attempt to classify his philosophical disposition. Although John Stuart Mill's writings were quite logical and intelligible, it can be seen that his views underwent significant changes throughout his life. Mill's father, an unswerving utilitarian, was very strict in his discipline when raising Mill. This may explain why most of Mill's earlier work had a particularly utilitarian tone to it. Mill shows no uncertainties in his essay on Utilitarianism where he believes:…

    • 745 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Capital Punishment is a moral controversy in today’s society. It is the judicial execution of criminals judged guilty of capital offenses by the state, or in other words, the death penalty. The first established death penalty laws can date back to the Eighteenth Century B.C. and the ethical debates towards this issue have existed just as long. There is a constant pro-con debate about this issue, and philosophers like Aristotle and Mill have their own take on this controversy as well. Aristotle is against capital punishment, while Mill believes it is morally permissible.…

    • 1332 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Numerous studies have been conducted directly examine the cost of death penalty cases and the use of our tax payer dollars being used. Let’s look to Texas as a prime example for a “death penalty state” according to the Death Penalty Information Center “Each death penalty case in Texas costs taxpayers about $2.3 million. That is about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years.” Therefore under that statistic Texas is minimalizing the use of tax payer money. This is the very same money that good go towards educating the youth of society or providing health care to the elderly. That is but the half the suffering families deserve to have a timely trail in order to provide an opportunity for closure but this is not the case when dealing with a court case that the death penalty is an available punishment. When it comes to a “typical” murder, rape, or kidnapping case without the involvement of the death penalty a family can expect to wait six to ten years. However when a trail has decided to go with the death penalty the appeals and other legal issues involved add up to a family suffering and waiting upwards of 25 years. How is it feasible that we make the families, the parents, the children of the victims wait to receive closure? Utilitarianism states…

    • 830 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Looking out for the state of the public's satisfaction in the scheme of capital sentencing does not constitute serving justice. Today's system of capital punishment is thick with inequalities and injustices. The commonly offered arguments for the death penalty are filled with holes." It was a deterrent. It removed killers. It was the ultimate punishment. It is biblical. It satisfied the public's need for retribution. It relieved the anguish of the victim's family." All of these reasons prove to either be wrong or not fully supported. Morally, it is a continuation of the cycle of violence and degrades all who are involved in its enforcement, as well as its victim.…

    • 846 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The death penalty is a major topic for debate Shannon Rafferty defends in her portfolio published by Penn State entitled “Death Penalty Persuasive Essay.” She believes the penalty should be allowed because it functions as a deterrent, it provides society retribution and it is morally just. Olivia H. disagrees with use of the death penalty in her essay “Capital Punishment Is Dead wrong.” She tells about the risk of punishing the innocent, and how the states are doing irreversible acts of crime. As the authors disagree about whether the death penalty should be allowed, they have some common ground when it comes to admitting the potential for human error and in both disagreeing to the use of barbaric punishments by the government.…

    • 413 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Discuss in detail the argument Haag gives for the general conclusion that even though the death penalty may be unjust in its distribution, it is nevertheless morally justified. Discuss how Haag is making use of a retributivist theory of punishment in his argument. Critically evaluate Haag’s argument.…

    • 909 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Is
He
or
Isn’t
He?

 Locating
John
Stuart
Mill 
in
 Ninetee nth
Centur y
Philosophy
 By
Ellen
Melville
 
 This
paper
was
written
for
History
416:
Nineteenth
Century
German
and
European
 Intellectual
History,
taught
by
Professor
Scott
Spector
in
Fall
2008.
 
 
 
 John
Stuart
Mill,
son
of
the
noted
British
philosopher
James
Mill,
is
routinely
 grouped
with
Jeremy
Bentham
as
one
of
the
great
Utilitarian
thinkers
of
the
nineteenth
 century.
He
was
devoted
to
preserving
and
expanding
liberty,
along
with
promoting
a
 limited
government.
However,
his
writings
demonstrate
a
deep
skepticism
regarding
the
 complete
faculty
of
human
reason
as
deified
by
Enlightenment
philosophers
of
the
 eighteenth
century,
as
well
as
his
own
father.
To
Mill,
the
philosophic,
rational
approach,
 and
especially
the
Utilitarian
ideas
espoused
by
Bentham,
is
incomplete
in
that
it
fails
to
 consider
alternative
opinions
or
human
emotions
which
do
not
fit
into
the
image
of
the
 rational,
calculating
man.
To
Mill,
the
Enlightenment
philosophers
became
too
subversive
 in
their
singular
focus
on
the
flaws
of
society.
Moreover,
Mill’s
writing
on
Samuel
Taylor
 Coleridge,
the
noted
Romantic
writer
and
poet,
commends
his
philosophic
reaction
to
the
 Enlightenment.
Finally,
some
of
Mill’s
writing
is
strikingly
similar
to
the
way
Edmund
 Burke,
a
founder
of
conservatism,
responded
to
the
French
Revolution.
Taken
together,
 then,
Mill’s
writings,
though
often
lumped
in
with
the
Utilitarian
philosophers
of
the
 nineteenth
century,
tempers
the
kind
of
thought
which
proceeded
from
the
Enlightenment
 notion
of
reason
with
a
view
of
humanity
that
draws
from
the
Romantics
and
even
some
 strains
of
conservative
thought.

 
 To
begin,
Mill’s
ambivalence
towards
earlier
Utilitarian
premises
seems
to
be,
at…

    • 2936 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    John Stuart Mill was considered a Utilitarian. The philosophy of Utilitarianism is that an action should be decided by what is best for society. Mill’s philosophy was in part developed by his upbringing as a child. His childhood was restricted and he was raised in an enviroment where is emotionally needs were not met. Also his father was a friend of Jeremy Bentham. Bentham was a philosopher credited with starting the beginings of the Utiltarianism philosophy. He focused on the relationships between the social classes and working towards social reform. His philosophy focused more on social conditions and human behavior than previous philosophies had. He looked at practical solutions for societies problems and less on the metaphysical aspects…

    • 1258 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Before we go into John Stuart Mill’s Utilitarianism Ethics it is imperative that we talk about his background and when/where he lived to more accurately describe his mindset. John Stuart Mill was a British philosopher who was born in Pentonville, London, England in 1806 and died in France in 1973. John Stuart Mill was the eldest son of a Scottish philosopher James Mill and had a very rigorous upbringing shielded from peers from his own age studying the ins and outs of philosophy. His father’s goal as a follower of Jeremy Bentham was to create a genius intellect to carry on Utilitarianism after he and Bentham died. The intensive study his father put him through caused severe mental health issues on John Stuart Mill causing him to have a mental breakdown at age 20 which he claimed to be caused by the great physical and mental demands that suppressed any feelings he should have developed in his early childhood.…

    • 760 Words
    • 2 Pages
    Good Essays
  • Best Essays

    Zimring, F. (2003). The contradictions of American capital punishment. Oxford, UK: Oxford University Press 6 Apr. 2010.…

    • 1030 Words
    • 5 Pages
    Best Essays
  • Good Essays

    Ernest Van den Haag strongly contends the need for capital punishment in our society in his article. Van den Haag provides a substantial amount of convincing facts and information to support “The Ultimate Punishment”. Van den Haag discusses such topics as maldistribution, deterrence to society, miscarriages of the penalty, and incidental and political issues (cost, relative suffering, and brutalization). The death penalty is indeed the harshest/ultimate punishment a convicted criminal can receive in our society. I agree with Van den Haag’s article. I am in favor of the death penalty system in the United States. Through capital punishment’s determent process, I feel it is a necessary and effective tool in implementing a type of ultimatum to basic life in our legal system. The ethical theory of consequentialism is often referred with capital punishment. Consequentialism mainly points out the benefits of the death penalty to society, like deterrence.…

    • 1076 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Today, the death penalty is an issue that has raised many questions in regards to its morality. Many people believe that the death penalty is immoral for a number of factors, some of which being the execution of innocents, the arbitrary application of the death penalty, and the racial and economic discrimination with the system. Many others believe that the death penalty is moral, for it gives people what they deserve, the criminals were fully aware of the consequences that may fall upon them, and that justice is being served for the victims and families of the victims still suffering from the actions of the criminal. In this paper I will argue that from a Deontological standpoint, the death penalty is morally just. To do this, I will first describe the basics of the theory of Deontology in general, so that you, the reader, can begin to understand some of the fundamental beliefs that Kant, the father of Deontology,…

    • 1404 Words
    • 6 Pages
    Better Essays
  • Better Essays

    During the ancient times before imprisonment, there were executions and executions only which were rather completed by stoning. There were consisted of several reasons as to why the capital punishment was needed. The United States inherited its use of capital punishment from the European settlers in the seventeenth century but in the eighteenth century, German philosopher Immanuel Kant appealed that execution was the “fairest punishment for murder”. He presented that it is the most suitable punishment for those who have committed murder and that a person who has done wrong should suffer for it. Arguing that killers should “die in order to gain release from their suffering”, including that the crime must fit the punishment. Arguments against the death penalty expose capital punishment for what some believe is a reasonable punishment, while others view it as revenge disguised as justice but…

    • 1268 Words
    • 6 Pages
    Better Essays