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Notes -
CS Lewis wrote a great article about penalties. This was his general take. The only morally appropriate theory of punishment is just desserts. Any deterrence (or incapacitation) is a nice cherry on top.
This is surprising. From a Christian perspective, and CS Lewis only ever wrote from a Christian perspective, everyone's just desserts is eternal damnation (except Mary, if you're Catholic).
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But then, "give every man his deserts, and who should 'scape whipping?"
I think there are murderers who are violent, sick, and dangerous, who have no remorse or no conception of human life (other than their own) being valuable, and who have inflicted horrific suffering on their victims.
It's natural to want to 'pay them back' in the same way, to make them suffer. But that achieves nothing other than satisfying revenge, and handing over the power of vengeance to the state instead of taking private revenge should put us past that. Indulging in sadistic impulses, even if 'justified', doesn't help anyone in the end and is worse for society in the long run, because if we all get to let our baser impulses out in certain circumstances, then I do think that has an effect which ends up with a society that is crueller and harsher and less desirable to live in, in the long run. For instance, people like to complain about bureaucracy and unhelpful government employees and the like, but imagine if someone in the Department of Certificates deliberately screws you around for the laughs, because they'll go back to their desk and joke with their colleagues about "what an idiot, he's going to lose his house because he was too dumb to check that I gave him form 4-A instead of form 4-B which is the one needed, some people are too stupid to live" and everyone laughs because "oh hey, you going to the drawing and quartering on Tuesday, it should be a good one, Executioner Brownley is doing it and he can drag it out for hours".
Ehh I haven’t murdered, raped, assaulted, or materially injured someone. Hell, I haven’t even done boring things like steal with mens rea (I almost certainly have accidentally taken things that aren’t mine).
Am I perfect? No. I’ve done some bad things. But I’m quite sure that this is not a “there but for the Grace of God goes me” situation.
With all of that said, what do you think is the proper role of the state?
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No, the point of handing the power of vengeance to the state is to assure that the vengeance is carried out justly and impartially, not to "put us past that".
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