C.S. Lewis and The Humanitarian Theory of Punishment

C.S. Lewis argues against the humanitarian framework for punishment saying that, â€Å"The Humanitarian theory removes from punishment the concept of Deserts. But the concept of deserts is the only connecting link between punishment and justice† (C.S. Lewis). He is correct that the humanitarian framework does remove the concept of deserts, and that there is a connecting link between justice and punishment. However, he is wrong in suggesting that humans should only be seen through a retributive framework for punishment. A humanitarian framework and a retributive framework have different requirements that must be met in order for them to justify punishment. In a humanitarian framework an agent must be a rational agent. In a retributive framework it is required that an agent be morally responsible. Lewis is arguing that humans are moral agents, and should therefore be seen through a retributive framework. He is correct. Humans are moral agents, but that is not all. Humans are als o rational agents, as a humanitarian framework suggest. Lewis is correct in rejecting a humanitarian framework for not taking into account the moral nature of humans, but with his retributive framework, he fails to take into account the rational nature of humans. It is possible to justify capital punishment under both frameworks, but neither framework would take into account both sides of human nature, and fail to truly be just. The humanitarian framework is a consequentialist framework. It is futureShow MoreRelatedDylan Pidich. Boston College Philosophy. . Does The Retributive1408 Words   |  6 Pagesretributive theory of punishment deter crime? â€Å"We demand of a deterrent not whether it is just but whether it will deter. We demand of a cure not whether it is just but whether it succeeds. Thus when we cease to consider what the criminal deserves and consider only what will cure him or deter others, we have tacitly removed him from the sphere of justice altogether; instead of a person, a subject of rights, we now have a mere object, a patient, a ‘case’.† C.S. Lewis C.S. Lewis wants us to believeRead MoreDoes The American System Of Justice Need Reform To Ensure3969 Words   |  16 Pages 12.) James Downie. â€Å"Yes, the American justice system is broken† December 5, 2014 –L https://www.washingtonpost.com/blogs/post-partisan/wp/2014/12/05/yes-the-american-justice-system-is-broken/?utm_term=.39d5a202b69f 13.) Carolyn Lamm. â€Å"Does the Punishment Always Fit the Crime† Sep 8, 2009 12:01 PM –M http://www.rollcall.com/news/-38264-1.html 14.) Mary Whisner, Reference Librarian, whisner [at] uw.edu â€Å"Race In The Criminal Justice System† Jan. 31, 2011. Updated April 30, 2015. –N https://lib.law