Opening Book End 3 – Ethics
How should society treat people who commit a crime?
Are right and wrong, in terms of ethical questions, matters of opinion?
The question of punishment and how people should be treated for committing crime to arise from the fact that punishment is an ethical issue. There is no way one can successfully argue on the right thing that should be done to an individual that has committed a crime. The legal institution of punishment presents a moral or ethical challenge because it borders on intentionally inflicting harsh or burdensome treatment on and an individual. In the typical sense, the treatment would not have been morally considered permissible. Most individuals would agree that it is not impermissible to force people to pay substantial monetary sanctions or be imprisoned or even be executed for committing a crime. The question that seems to linger is the right thing that should be done to an individual that has committed a crime in society. While there might be a moral question about the issue, the basis of the punishment lies in the community’s functioning.
Traditionally, punishment has been used as a way to deal with crime. The justification for the punishment has either been retributivists or consequentialism. From consequentialism, the need for punishment for crime arises from the fact that it seeks to secure a valuable end. That is, discipline aims to reduce crime, deter, hinder, or reform the offender. Therefore, when choosing to deal with one who has done crime is to punish them; the focus is to ensure that these individuals can reform or be deterred from committing the crime. Besides, the focus is not only on them but also on other members of society. Based on retributivists, the need for punishment arises from the fact that intrinsically it is an appropriate response to criminal wrongdoing. While there might be critical to all these approaches, the need to have a society where individuals can respect others and live in a better way requires that one is punished for wrongdoing. Besides, these individuals commit a crime against others who might feel offended by these actions. Therefore, they are disciplined so that they cannot offend others and ensure that society is safe for every individual.
In looking at the moral question on why punishment is right, then two aspects would come out—first, the need to punish individuals stems from the need to control behavior in a society. When members agree to leave in a community, they must adhere to codes of conduct that have been stipulated for better living. Each individual has selfish tights that are not controlled might lead to chaos in society. For an individual to coexist, there is a need to have some regulations and safeguard that would determine how one should seek to satisfy their needs. For this reason, there is a regulation that defines what would be considered the appropriate way to pursue personal gain and what would be regarded as extreme. When people adhere to these regulations, then they are deemed to be useful members of society. However, when individuals seem to drift away from the set agreed rules, they create a rift. Therefore, the need for punishment comes in because it seeks to bring people back to the line and ensure that everyone is adhering to the agreed set of norms. Without this set of norms, everyone might be free to do what is pleasing to them without considering its consequence on others.
When deciding the right thing to do when one commits a crime, the other consideration is to focus on the general outcome. When one commits a crime, it is often assumed that they are aware of their crime consequences. It is from this basis that one cannot plead innocent because they were ignorant. There is a general principle that every member of society understands the guiding principle that determines society members’ accepted behavior. Therefore, when an individual goes against these agreed principles, they are ideally going against society. The need to put them in prison or make them pay huge fines arises from the fact that they are not willing to stick within the required framework, and thus they need to be kept away from others. Therefore, in this case, punishment seems to be used as a way of keeping away elements in the society that are focused on disturbing the tranquility and the peace of those who are willing to abide by the given laws. Therefore from these views the need for punishment seems to be justified.
In looking at the right thing to do then the question, the beckons are whether what is right or wrong is just a matter of opinion. In answering this question, then it is essential to contextualize the argument. First, what is considered right or wrong might is not a matter of opinion. This case arises from the fact that some laws and regulations determine the accepted behavior within any society. Therefore, doing the right thing means that one has followed the laws and rules and norms defined within this society. Consequently, it is not an individual to decide what they think is right or wrong for them; instead, they need to follow the agreed set of rules that define their behavior. From this perspective, the right thing is what is agreed upon by the members of that society. In this case, it would not be a matter of opinion but rather an agreed-upon set of rules. However, other things are not defined within the laws and regulations that require one to decide on what is right for them. However, based on a crime, I think that the right thing is what is permitted within the society.
In conclusion, ethics arises much from the collective perspective of the individual in a society. Each society has its agreed set of rules that define what is ethical and what is not. However, even with these agreed-upon set of rules, there are still ethical dilemmas that still occur. Individuals are still forced to decide on the right or wrong thing. However, even within these contexts, the need for a peaceful consistent requires that individuals develop rules that would guide their behavior. These rules define what would be agreed on as the wrong thing and what would see as the right thing. When individuals adhere to these rules, then they are doing the right thing. When they deviate, then the need for punishment becomes apparent. Therefore, the right thing can be an opinion when it is dependent on issues that are not defined by the law. However, if the law does not define problems, then one can, based on their opinion, make a decision.