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

Abhinaba answered on Nov 30 2021
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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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