Paper Revision of Order 70957 PAPER REVISION OF ORDER # XXXXXXXXXX / 2 UTILITARIAN / RETRIBUTIVE THEORY OF PUNISHMENT OVERVIEW This is a course in moral philosophy and the topic is very specific: Can...

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Due Date: December 10thAll instructions are attached. This is a rework of order #70957, got the okay to resubmit as new order instead of a refund. Thank you!!


Paper Revision of Order 70957 PAPER REVISION OF ORDER #70957 1 / 2 UTILITARIAN / RETRIBUTIVE THEORY OF PUNISHMENT OVERVIEW This is a course in moral philosophy and the topic is very specific: Can the legal institution of punishment be morally justified? The reason this philosophical question arises is because "legal punishment" is, in part, defined in terms of the concept of coercion, and coercion is prima facie morally wrong. Do not write, for example, about what you think is going on with the legal system in the United States (or anywhere else in particular) currently, or about your experiences when you or someone you know were in prison. Review very carefully the requirements for writing philosophy papers in general. Keep in mind that the key to a good topic is that it be sufficiently specific so that you can discuss it fully in 6 pages. Hence, your topic cannot be "retributive theory of punishment" as such for that would be too general. Secondly, your topic must be connected directly to at least one primary reading and focus on an aspect of what is argued in that article. Your paper topic cannot be an entire article itself, either. The best way to think of what might be a good topic to write on is in terms of the following formula: In the article X the author Y argues for claims A,B,C and in this paper I will present his/her position regarding those claims and in the normative part of the paper I will argue for my own opinion, O, regarding claims ABC. Thus you might want, to give an example, to consider a topic like this: In his work Bentham offers a utilitarian theory of punishment, but he also sets clear limits to punishment, that is cases in which it would be (morally) unjustified to punish and gives reasons for those limits. In this paper I will review Bentham's argued views on the limits of legal punishment and in the normative section I will argue that [........]. What those dots at the end mean is that you are in fact absolutely free to take as your position any claim you want regarding the material you present in the descriptive section of your paper as long as you argue for it. PAPER REVISION OF ORDER #70957 2 / 2 REQUIREMENTS 6 pages (double space); it should offer a discussion of a selected issue on a topic in the utilitarian or retributive theory of punishment, using only the material from the course. 1. This is not a research paper. 2. You are responsible for formulating your paper topic based only on the readings for this course. You can formulate your topic on the basis of at least one or any combinations of the readings that cover the Utilitarian or Retributive theory of punishment. **Topic below** 3. A clear three-part format of the paper: (i) The shortest possible introductory paragraph, possibly consisting of just 2-3 sentences that identify your topic, the article(s) your discussion is based on, and the claim you will be defending. (i) Descriptive part, which must be written in a way that would be useful to someone who never had this class and never read what you did, thus making the issues, claims, and arguments from the reading(s) by the author(s) you are presenting very clear to third parties. (iii) Normative part that offers your critical analysis of the arguments presented in the descriptive part (and accurately attributed to appropriate author(s)) and a defense of the claims you are prepared to make on your topic. __________________________________________________________ MAIN READING SOURCE • Jeremy Bentham, An Introduction to the Principles of Morals and Legislation (1781), Chapters I, III, XII-XV (Available online at: http://www.utilitarianism.com/jeremy-bentham/index.html) // Bentham will be the main source reading for this paper. Remember that this paper will focus on an aspect but not necessarily a summary of the entire article. // The formula for expressing a topic does not require that it be based solely on a single primary source, but you must identify specific claims from one, two or three articles if you choose to identify similar or contrasting claims and arguments to discuss. If you chose to utilize more than one reading source to support an aspect in Bentham, please use the following link to have access to the other approved articles/readings: https://drive.google.com/drive/folders/10EJdy36VE4yZKavEta-pNQbWqNfOlBIf?usp=sharing
Answered Same DayNov 22, 2021

Answer To: Paper Revision of Order 70957 PAPER REVISION OF ORDER # XXXXXXXXXX / 2 UTILITARIAN / RETRIBUTIVE...

Abhinaba answered on Nov 30 2021
162 Votes
The Justification For The Punishment Prescribed By The Legal Institutions         7
THE JUSTIFICATION FOR THE PUNISHMENT PRESCRIBED BY THE LEGAL INSTITUTIONS
In the article, the author David Lyons argues that utilitarianism cannot justify legal rights with moral force. He eventually defined ut
ilitarianism as the view that the only sound fundamental basis for normative appraisal is the promotion of the human welfare. In his article, the author presented the utilitarian within a dilemma that though it can morally justify the adoption of some legal institutions, which grants rights it eventually cannot always morally justify the actions conforming to those legal institutions.
Major Dilemma of Utilitarianism
I shall start by probably briefly explaining what exactly Lyon wants to portray by legal rights through moral force and what are the major reasons he claims that the utilitarianism cannot justify such rights. The author concern towards the understanding of the rights is that a person has a right over something when they are permitted to use something or someone can use it when they have permitted them to do so. The rights considered by the author have prime features (Thorburn, 2017).
Firstly they are legal than the moral rights. The author states generally that some rights exist in the ground independent of the social recognition as well as the enforcement. These rights are considered as the moral rights and may include human rights and some of the rights that depend completely on the circumstances. However, some rights require social recognition, as well as the enforcements. The rights, which are conferred by the law, are the clear example of those kinds of right.
The government has specified several theories to support the use of punishment to maintain the law and order in the society. Based on the law the theories of the punishment are generally divided into two philosophies- the utilitarian theory and the retributive theory. Where the utilitarian theory of punishment is majorly profound of the fact the offender should be punished to discourage or prohibit the future wrongdoing whereas the retributive theory profound to punish the offenders because they deserve to be punished for their deeds. Considered the utilitarian philosophy laws are considerably used to maximize the happiness and gratuity of the society. As the prime reason concerns that the crime and punishment are inconsistent with the happiness, they should be extensively kept to minimum. Though the utilitarian are aware of the fact that it is quite tough to have a crime free society but the punishment can be set in order to prevent the future occurring of the crime (Kolber, 2018).
For the utilitarian theory adopted for the punishment, it is considered consequentiality in nature. It consists of the fact that the punishment has major consequences for both the offender and the society and proclaims that total good produced by the...
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