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Critically Examine Benthams NOTION OF Punishment Viewpoint Essay

Punishment could suppress one's impulses by reducing and curtailing them. It could also possibly imply or be said that punishment could curb one's impulses by putting a step (kerb) there that pushes them to make a choice: you can choose to drink him/herself to stupor or not, quite simply, step off the kerb or not step off the kerb. I am going to therefore try to ascertain if Bentham' theory pays to for stopping crime, controlling crime or reducing offense. However before proceeding, the term: 'the unlawful' must be clarified. Which felony is being spoken about? All criminals, some bad guys: some sorts of crime or every varieties of crime? Not every legal impulse can be curbed, since it may go against the idea of 'the greatest best for the greatest amount'. Including the UK division for environment, food and rural affairs (Defra) issuing a notice to the industry informing caution of serious concerns over outlawed, unreported and unregulated (IUU) fish entering the European union supply chain: this could lead to a commercial reduction being incurred by the importer (Under current reports 2013) therefore resulting in the unhappiness of the majority.

Jeremy Bentham was a utilitarian philosopher; His rule is that of utilitarianism, a teleological ethical system: An ethical system that is concerned with the consequences or ends of an action to ascertain goodness (Identifying moral behavior, n. d. ). Utilitarianism functions principally under the higher happiness theory, in other words, utilitarians believe that one must only act in a manner that the outcome of that action should create the best amount of happiness for the greatest for the greatest number of people. However, happiness can't be measured.

Aiming at happiness for a large number has often been denounced as 'illusionary' because

Long-term delight, and certainly joy for a large number, is a fantasy (Ruut Veenhoven, 2004). Assenting that contentment is desired is one thing, but the utilitarian precept is the fact that joy is the most attractive value. This is disapproved on the lands that it is objected that it generally does not seem sensible to premise a definite value, and second of all, there are beliefs that sit higher than enjoyment. The main objection against utilitarianism is the fact that the greatest contentment principle justifies any way to improve delight and hence permits morally rejectable ways, such as genetical manipulation, mind-control and political repression (Ruut Veenhoven, 2004)

He believes that when individual people pursue courses of actions, they think about the amount of pleasure they escape something versus the quantity of pain so it causes them and they choose the path that provides them with the greatest pleasure, quite simply they calculate the gains and consequences of these action: Psychological Hedonism: the idea that the really wants to encounter pleasure and avoid pain guide our behaviour (Internet encyclopaedia of school of thought 2011). Therefore the utilitarian criminology looks for to make the commission of criminal offense more agonizing than pleasurable so that individuals can be guided on the right conduct, behavior and general school of thought on life.

Bentham begins his utilitarianism debate giving his theory of tool which judges all actions based on its propensity to promote or diminish happiness of whoever is included, be it a community or a person (Jeremy Bentham 1781). The basic principle of utility, forms the basis of most Bentham's thought. What he comprehended by 'happiness was a predominance of "pleasure over pain "Nature has put mankind under the governance of two sovereign masters, pain and pleasure. It is for them together to point out what we must do, as well concerning determine what we shall do. On the main one hand the typical of right and incorrect, on the other the string of causes and results, are fastened with their throne. They govern us in every we do, in every we say, in every we think: every effort we can make to chuck off our subjection, will serve but to demonstrate and confirm it" (Jeremy Bentham, 1781). Also integrated in his utilitarian procedure is a way to measure the general trend of any function and just how it influences a community. The computation is dependant on the seven circumstances of the act, which can be: its length, depth, certainty or doubt, its remoteness or propinquity, its fecundity (the chance it has to be followed by feelings of the same kind), its purity (the chance it includes of not being accompanied by sensations of the complete opposite kind), and its own extent (number of people influenced). With these circumstances in order, one can get started to analyse the type of the function. After the conclusion of the procedure, according to Bentham a precise assessment of the true aspect of the act can be produced (Jeremy Bentham 1781). However, this theory

According to Bentham if an action boosts happiness and reduces troubled, then it is right but if it can otherwise then it isn't right. Bentham's utilitarian methodology and basic principle is to act in a manner that creates the greatest good for the best number. For example, if there is an epidemic of sheep's being stolen and desired situation or results is for the people to stop stealing sheep, whoever is stealing the sheep should be caught and punished. Up to this a whole lot of pain for just one person, it benefits almost all and also serves as a deterrence system.

Let us now check out punishment as a whole. In behaviourism, abuse is known as the outcome for undesired behaviour: it could be positive or negative, depending on nature of the results (B. F. Skinner, n. d. ). Statistics from Crime survey for England and Wales (CSEW) shown on the site of the office for national information by estimate that there have been 8. 9 million crimes against men and women in Great britain and Wales in the year ending September 2012, an 8% decrease compared with the previous year's study. This decrease was influenced by statistically significant lowers in vandalism, burglary and vehicle-related fraud. Also, the authorities registered 3. 8 million crimes in the year ending Sept 2012, a loss of 7% weighed against the previous year. Taking a look at these figures it could be said that punishment is effective as a deterrent factor be crime is reducing. Nonetheless it is not very effective in preventing criminal offense as people remain committing crime.

Garland (1990, p. 1) state governments that "The abuse of offenders is a peculiarly unsettling and dismaying aspect of social life. Like a social policy this can be a continual disappointment, seeming always to are unsuccessful in its ambitions also to be undercut by crises and contradictions of one type or another. As a moral or political issue it provokes intemperate feelings, deeply conflicting pursuits, and intractable disagreements".

Punishing an offender or an offence will not always assure a desired result as most offenders are given the chance to finish their sentences earlier than proposed; hence the methods to be punished is defeated. Not all crimes are registered and not all scammers are captured for example, don't assume all street graffiti artist is caught. So if the uncaught bad guys are still in the society, they will continue steadily to commit crime Also research shows that genes may affect or cause criminal behavior (Daily reporter, November, 2010). In light of the might it be to punish a person over something beyond their control. Looking at punishment in the united kingdom, more specifically prisons in recent times, you have the argument that this defeats its purpose, as the offenders have too many comforts such as internet, tv set, private bathroom. Within an article released by BBC media (April, 2008), Glynn Travis of the Jail officers connection said inmates are happy to stay inside because they can get hold of drugs, mobile phones and even making love. He said a supplier regularly broke into a Yorkshire prison by by using a ladder to enter into cell glass windows - but no inmate used the ladder as a way of escape. This is an indication of how comfortable life in prison is: you will want to get away from when the opportunity to do so will there be. Mr Travis went on to say; "We have received no-go areas in certain prisons because prisoners 've got complete control. There isn't sufficient staff, there is absolutely no interaction between personnel. He blamed a lack of prison officials and tranquil regimes, where prisoners appreciated satellite television set and video game consoles. But federal government figures showing that in 2007, 92 prisoners committed suicide, compared with 67 the prior 12 months, over throws the theory that prisons are too comfortable. (BBC reports, April 2008)

Following these details, it defeats Bentham's most significant good for the greatest number theory as the purpose of the abuse has been whitewashed. But you can say that, because offenders are from themselves and complete freedom that constitutes some form of punishment because they are being deprived from the things they love most. Also, occasionally they suffer intimate abuse and assault from workers. Within an article compiled by Eric Allison for the guardian (July 2009) 'Erotic abuse is 'part and parcel' of prison life, with personnel harassing feminine inmates in exchange for drugs, tobacco and even early on release'.

Jeremy designed the Panopticon: The Panopticon ("all-seeing") was a type of instutional engineering that functioned as a round-the-clock security machine: it was made up of several cell blocks interrelated by way of a central administrative block. It had been designed in a manner that ensured no prisoner could ever start to see the inspector who conducted surveillance from the restricted surveillance service. The prisoner could never know when he was being surveilled (The Panopticon writings, 1995). Michel Foucault explained the Panopticon as a machine for dissociating the see/being seen dyad: in the peripheric band, one is completely seen, without ever experiencing; in the central tower, one considers everything without ever before being seen (Panopticism 1975).

The goal of the panopticon was for it to be cheaper than prisons of his time as it required fewer personnel. "As the watchmen can't be seen, they want not be working all the time, effectively departing the enjoying to the observed" (The Panopticon writings, 1995). The Panopticon's design was also targeted at prisoners doing menial labour like; walking on wheels to spin looms or run a water wheel. This might decrease the price of the prison and present a possible income source. Bentham's design in the current contemporary society would be ideal as it would allow offenders to be effectively punished and not pampered. It will save money as prisons today are overcrowded and cost too much.

"No moral concept suffers more at Bentham's palm than the concept of justice. There is absolutely no sustained, mature analysis of the idea (Gerald J. Postema, 1986)

The utilitarian theory is often criticized to be too hedonistic since it places the moral value of an work only how much that work affects contentment. Its teleological aspect may also be seen as a problem as it compensates no attention to the intent behind an action and can make works of immoral nature appear justifiably right. For instance if the thief is stealing a woman's carrier, but in the procedure of struggling eventually ends up rescuing her from a speeding car and therefore conserving her life. Although initial objective was mischievous, it concluded with the woman being saved, hence producing the best amount of pleasure for the girl. Beneath the utilitarian theory this action is ethically acceptable and correct simply because the joy was produced.

It is also criticized for not having a principle of equality embodied in a conception of justice.

In conclusion, taking a look at reduction of criminal offense, it could be said that abuse reduces crime as numbers referenced above show an 8% reduction in crimes against men and women in Britain and Wales in 2012. Though it may reduce it, consequence will not stop crime, as statistics shows that individuals are offending and committing criminal offense. However since not every criminal offense is recorded the true rate and trend of crime can't be fully ascertained. Therefore it cannot be confidently said that punishment stops or settings crime. Rather than punish ideally, we have to begin to think about eliminating crime: means of preventing people from committing crime needs to be identified. Corresponding to articles by the Daily mail reporter (November, 2010) research suggests that criminal behaviour could be imbedded in the genes. If it so that unlawful behaviour is a matter of genetics, will gene adjustment be possible in the future? The society we have been in today is fast growing in technology and scientists are forever experimenting, so it is a chance. Embracing Tougher prison sanctions and operations, demanding imprisonment for example fatality for extremely serious crime, tough manual labour being performed by offenders may help in drastically stopping offense. But because the punitive characteristics of such routine, it's very much unlikely to occur within a American democracy, where real human protection under the law are paramount and take the centre stage.

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