Term
| According to Dershowitz, which utiliarianism principles support torture, and which doe not? |
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Definition
| Act utilitarianism supports use of torture to save lives, rule does not support torture due to abuse of human rights on a large scale. |
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Term
| According to Dershowitz, if we do not have limits to use of torture, what would be allowed? |
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Definition
| act utility would allow killing children to achieve a good purpose |
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Term
| What does Dershowitz say that we should be cautious about when it comes to torture? |
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Definition
| he says we should be cautious in the use of torture, not that it is never allowed. |
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Term
| What is one of the considerations that dershowitz says we have when it comes to torture? |
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Definition
| we must consider the kinds of torture we are prepared to use. |
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Term
| What are some options according to Dershowitz to carry out torture? |
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Definition
1.) we could allow security services to operate outside the law.
2.) publicly say we will not use torture, but do so secrety
3.) the third alternative is to allow torture under strict offical regulation. |
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Term
| why is allowing security services to operate outside the law, or publicly saying we will not use torture wrong according to derschowitz? |
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Definition
| it goes against the democratic value of open accountability for the government. |
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Term
| Why the use of torture okay with strict official regulations okay according to dershowitz? |
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Definition
In england, torture was allowed in certain cases, but only with a special warrant from high officials.
This means that the people who use torture are under control, and we would be used far less than if the use of torture were left to security agents to decide for themselves. |
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Term
| What happens in general when you start using torture according to dershowitz ( think rule utilitarianism )? |
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Definition
| If you look upon it as a general practice, it will result in much more pain and suffering imposed ( look at the world ). More and more people start getting subjugated to torture. People get more insensitive and it is easier for them to justify torture. |
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Term
| What is one major concern for dershowitz about the use of torture? |
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Definition
| what things would be justified to get more info? what if we torture those who are trained to resist torture, would we threaten to torture kids or other people? what is to prevent those cruel techniques. |
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Term
| what is the biggest question when it comes to torture according to dershowitz? |
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Definition
| how do we get the benefits of torture without the costs |
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Term
| What are the three different ways the govt can handle torture? |
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Definition
1.) govt can not pay attention to how information is gathered, allowing security forces to make their own rules. Problem is those responsible will go beyond means to achieve mission.
2.) A govt knows what goes on, but lies about it ( hypocritical view ).
3.) under certain circumstances, torture might be necessary, but it has to be controlled. cant allow people who are doing torture, to go without supervision. |
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Term
| What is the idea behind dershowitzs idea that torture is okay with supervision? |
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Definition
| idea is to have an objective view when it comes to forms of torture. When england set up tribunal courts that gave warrants to allow torture, the use of torture went down. They recognized when torture was needed, it was publically know torture was taking place, and it is monitored. whole idea is to make people more objective. |
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Term
| What are some problems with dershowitzs use of torture? |
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Definition
| how many times are we sure a person has info we are trying to get? we assume that the person has the information. sometimes is seems silly not to use whatever means necessary if we are certain someone has good info that can save lives, other countries can judge if terrorism fits their needs. |
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Term
| According to kant, juridical punishment can never be used as a mean to another good, but only because |
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Definition
| the individual has commited a crim |
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Term
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Definition
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Term
| the principle of equality is: |
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Definition
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Term
| according to kant, social status should have no |
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Definition
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Term
| true or false, some crime may admit substitutes from absolute equality, different punishments |
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Definition
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Term
| according to kant, there is no likeness between life and |
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Definition
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Term
| according to kant, when executing an execution, what must be considered? |
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Definition
| no maltreatment should accompany the execution, humanity must still be respected. |
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Term
| which countries are we imitating when it comes to the death penalty? |
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Definition
| China, Iran, Pakistan, U.S. Saudia Arabia. |
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Term
| what is the dilemma, according to kant about which countries we imitate with the death penalty? |
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Definition
| we dont have the same morals as these countries |
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Term
| Most countries think physical punishment is barbaric , with the exception of of what according to the u.s. |
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Definition
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Term
| According to the burden of proof: |
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Definition
| burden of proof is on prosection |
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Term
| According to kant, why is it difficult for arguing over having the death penalty or not? |
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Definition
| both sides feel like the other have the burden of proof when it comes to convincing the other side |
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Term
| Why was 1976 an important date? |
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Definition
| Coker vs Georgia, questioned the way the death penalty was used. Depending on the judge, or jury, or race, more people got the death penalty than they should have. |
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Term
| What is one argument for the death penalty, as a deterant? |
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Definition
| one of the things police do, to get someone to confess, is take off the death penalty as an option, a lot of inmates confess given that situation |
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Term
| Why is 2 am a good time to execute? |
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Definition
| limits publicity, no one is really around. back in the day, they were carried out in public |
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Term
| According to retribution: |
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Definition
| you can never punish someone for utilitarian purposes. only way you can execute someone is if they deserve it. |
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Term
| what does kant think about utilitarianism? |
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Definition
| if public wants vengeance, they can execute someone. |
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Term
| According to Kant what is the principle of equality? |
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Definition
| punishment has to match the crime. in some cases, you can sub the method of punishment, as long as it matches the severity of the crime. |
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Term
| according to kant, one crime, with no substitutions is: |
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Definition
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Term
| why, according to kant, is the only option to execute a murderer? |
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Definition
no substitute for a life. If someone took a life, only punishment equal is death.
also, killing a murderer is only way to keep humanity. only do something if u are willing to make ur principle universal law. If a murderer has decided that murder was okay and justified, therefore by executing criminal, u acknowledge their humanity, and they declare it is okay to kill them. if you dont kill them, u deny them rationality of human beings. |
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Term
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Definition
| the only correct principle for murder is lex talonis due to the uniqueness of what has been destroyed by the crime. |
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Term
| what are some arguments against kants view? |
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Definition
| right to life: social contract, not rational to allow state to execute me, for then being a citizen is like commiting suicide? |
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Term
| what is another argument against kant? |
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Definition
all intentional killing is wrong if not necessary to save lives, all life is sacred.
is capital punishment self contradictary as a social value? isnt murder murder?
3.) is capital punishment the only punishment that is proportional to the crime
- no two lives are the same
- killing by law is not proportional to murder since it takes much time to execute.
4.) perhaps we should not use capital punishment if there is possibility of error
- but then would only murder amond all crime not be treated by proportional punishments. |
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Term
| according to nathanson, the equality principle asks for punishments for some crimes that are: |
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Definition
morally unacceptable. it would require barbaric and inhuman treatment on our part ( rapists, arsonists)
For other crimes, it is no help in deciding how to punish ( drunk drivers, air polluters, spies ) |
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Term
| In order to judge a principle of punishment according to nathanson |
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Definition
| we ought to see that it procides good guidane in a range on cases but it does not |
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Term
| according to nathanson what is one big problem equality pose: |
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Definition
| equality only calls for equal suffering, but how do we measure suffering? |
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Term
| Why is proportional retribution better, according to nathanson? |
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Definition
the worst crimes deserve the worst punishments, and all punishments are on a scale to the seriousness of the crime, but this does not tell us what the range of punishments should be, it does not show we need the death penalty.
- nor does this approach show what people deserve. |
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Term
| What is the logic behind retribution? |
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Definition
| if we understand kant as matching the degree of suffering. |
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Term
| what is proportional retribution, and what are some problems with it? |
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Definition
| more serious the crime, more serious the punishment. how do you justify the crime, measure it, how do you justify particular punishments? |
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Term
| what are the steps to justify a range of punishments? |
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Definition
| 1.) decide range of punishments we as a society are willing to accept morally to do to any kind of criminal. Each society has to start by noting what they would never do. This eliminates other kinds of punishments used in the past. |
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Term
| what is wrong with kants principle? |
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Definition
| nothing in the principle that indicates why we should or should not have the death penalty. It is only punishment left that attacks the body of the criminal. |
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