Exam 3 Review Philosophy Religion the Death Penalty Philosophical Positions on Punishment Utilitarianism obtained from punishment Retributivism they deserve Different meanings attached to retribution justifies punishment in terms of the balance of good over evil focuses on the extrinsic benefits links punishment to moral wrongdoing punishment is justified b c it gives the wrongdoer what Finckenauer distinction between retribution revenge is based on who repays who Kant offender should be punished in an amount that s equivalent to the harm done by the wrong doing principle of equality pointer of the scales of justice is made to incline no more to one side than the other Right to punish isn t unrestrained Didn t believe in torture even if the victim was tortured Didn t believe in life sentences Problem w equality retribution lex talionis can t be used for most crimes EX adultery doesn t have a parallel We don t rape the rapist kidnap the kidnaper Not even used for the worst of the worst murderers of 1 of murderers in the US are executed Proportional retribution philosophers The worst offenders should get the most severe punishment that society uses but society shouldn t punishment proportional to that of the crime used by more recent try to replicate the type of harm the offender committed Punishment can t be too lenient severe To some degree sentencing guidelines try to produce proportionality No sentencing guidelines for DP Proportional retribution depends on a ranking of the severity of the punishments a ranking of the To agree that the most serious offenders deserve the most severe punishment a society can impose seriousness of the crimes Minimal invasion principle Bedau doesn t mean that punishment has to be the DP achieve the goals of punishment using the least amount of punishment possible in order to Religion the Bible the DP Mosaic Code 1250 BC Torah Old Testament Genesis Exodus Leviticus Numbers Deuteronomy DP appropriate behaviors 10 Commandments Exodus 20 2 17 Murder God made man Whoever sheds the blood of man by man shall his blood be shed for in the image of God has If anyone takes the life of a human being he must be put to death Whoever kills an animal must make restitution but whoever kills a man must be put to death If a man strikes someone w an iron object stone wooden object so that he dies he is a murderer shall be put to death The avenger of blood relative shall put the murderer to death if anyone w malice aforethought shoves someone throws something at him in hostility hits him w his fist so that he dies they shall be put to death Murder Witnesses Anyone who kills a person is to be put to death as a murderer only in the testimony of witnesses but no one is to be put to death on the testimony of only 1 witness On the testimony of 2 3 witnesses a man shall be put to death but no one shall be put to death on the testimony of only one witness Human Sacrifices Any Israelite any alien living in Israel who gives any of his children to Molech must be put to death the people of the community are to stone him Adultery If a man commits adultery w another man s wife both must be put to death A man is found sleeping w another man s wife both must die If a man happens to meet in a town a virgin pledged to be marries he sleeps w her they both should be taken to the gate of the town stoned to death The girls b c she was in a town didn t scream for help The man b c he violated another man s wife Incest If a man sleeps w his father s wife both the man woman shall be put to death If a man sleeps w his daughter in law they both shall be put to death If a man marries both a woman her mother they must all be burned in the fire Bestiality Anyone who has sexual relations w an animal must be put to death If a man has sexual relations w an animal he must be put to death you must kill the animal If a woman approaches an animal to have sexual relations w it kill them both Homosexuality if a man lies w a man as one lies w a woman both of them shall be put to death Rape if out in the country a man happens to meet a girl pledged to be married rapes her only the man shall die do nothing to the girl she has committed no sin deserving death Prostitution by a priest s daughter if a priest s daughter defiles herself by becoming a prostitute she must be burned in the fire Loss of Virginity if no proof of the girl s virginity can be found she shall be brought to the door of her father s house there the men of her town shall stone her to death Witchcraft don t allow sorceresses to live Idolatry whoever sacrifices to any god other than the Lord must be destroyed Blasphemy Take the blasphemers outside the camp for the entire assembly to stone him Anyone who blasphemes the name of the Lord must be put to death Then Moses spoke to the Israelites they took the blasphemer outside the camp stoned him Desecration of the Sabbath bust be put to death Worshiping other gods For 6 days work shall be done but the 7th shall be your holy day whoever does any work in it A man who was found gathering wood on the Sabbath say then the Lord said to Moses the man must die the whole assembly must stone him outside the camp If your own brother son daughter wife secretly entices you to worship other gods you must put them to death Your hand must be the first in putting him to death then the hands of all the people Stone him to death b c he tried to turn you away from your Lord our God Kidnapping death Anyone who kidnaps another either sells him still has him when he is caught shall be put to If a man is caught kidnapping one of his brother Israelites treats him as a slave sells him the kidnapper must die Contempt of court the man who shows contempt for the judge for the priest who stands ministering there to the Lord your God must be put to death Treason 2 of the king s officers became angry conspired to assassinate King Xerxes But Mordecai found out about the plot told queen Esther who in turn reported it to the king When the report was investigated found to be true the 2 officers were hanged on the gallows Cursing one s parents anyone who curses their mother father shall be put to death Attacking one s parents anyone who attacks his father mother must be put to death Disobeying one s parents if a man has a stubborn rebellious son who doesn t obey his …
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