NCJ Number
46479
Journal
AMERICAN PHILOSOPHICAL QUARTERLY Volume: 15 Issue: 2 Dated: (APRIL 1978) Pages: 91-98
Date Published
1978
Length
8 pages
Annotation
PHILOSOPHICAL AND MORAL ISSUES WHICH WOULD ARISE IF CRIMINAL LAW AND PUNISHMENT WERE ABOLISHED ARE EXAMINED IN TERMS OF ALTERNATIVES NECESSARY TO MAINTAIN SOCIAL ORDER.
Abstract
EVEN WERE CRIMINAL LAWS TO BE ABANDONED, DIRECTIVE LAWS PRESCRIBING HOW MEMBERS OF A SOCIETY ARE TO BEHAVE WOULD STILL BE REQUIRED. THESE WOULD INCLUDE RULINGS ON THE RIGHTS AND PROPERTY OF OTHERS, TRAFFIC LAWS, AND HEALTH AND SAFETY REGULATIONS DETERMINED BY THE PARTICULAR NEEDS AND MORAL CONCEPTIONS OF THE MEMBERS OF THE SOCIETY. EVEN GIVEN AN ENLIGHTENED SET OF RULES THERE WILL BE INDIVIDUALS WHO DO NOT CONFORM FOR A VARIETY OF REASONS INCLUDING SELF-INTEREST, IMPULSE, HIGHER MORAL IDEALS, OR SIMPLY THE DESIRE NOT TO CONFORM. IN ADDITION, THERE WILL BE THOSE WHO INVOLUNTARILY BREAK THE RULES. OBVIOUSLY, RULE-BREAKERS ARE NOT NECESSARILY MENTALLY ILL. IN FACT PROBABLY A ONLY MINORITY OF DEVIANTS CAN BE SO CLASSIFIED. FOR THE MENTALLY ILL DEVIANT, MEDICAL TREATMENT IS INDICATED, BUT FOR THE MAJORITY OF RULE-BREAKERS SOME SORT OF SOCIAL CORRECTIVE THERAPY IS NEEDED. SUCH THERAPY WILL BE INDICATED FOR THE OVERLY-CONSCIENTIOUS, THE IMPULSIVE, THE SELF-INTERESTED, THE ANTISOCIAL, AND THE EVIL, AS WELL AS FOR THOSE MENTALLY ILL DEVIANTS WHO DO NOT RESPOND TO MEDICAL TREATMENT. IT SHOULD NOT BE A FORM OF PUNISHMENT. NEITHER SHOULD IT WORSEN THE CONDITION BEING TREATED NOR HAVE UNDESIRABLE SIDE-EFFECTS. ACCEPTABLE METHODS MIGHT INCLUDE MORAL EDUCATION AND PERSUASION BASED ON METHODS WHICH ARE EFFECTIVE WHILE STILL REMAINING MORALLY AND POLITICALLY ACCEPTABLE AND RETAINING A RESPECT FOR THE INDIVIDUAL. RESEARCH IS NEEDED TO DEVELOP SUCH METHODS. DETERRENCE IS THE MAJOR ROLE OF PUNISHMENT. CONSEQUENTLY, IN THE ABSENCE OF PUNISHMENT, THERAPIES OF A PREVENTIVE NATURE WOULD BE NECESSARY. HOWEVER, THERE IS AS YET NO SCIENCE OF PREDICTION. WHILE ASSOCIATIONS ARE FOUND BETWEEN DEVIANCE AND A NUMBER OF FACTORS, THESE ARE NOT INFALLIABLE. FURTHER, IDENTIFICATION OF ALL POTENTIAL DEVIANTS IN A SOCIETY IS A PRACTICAL IMPOSSIBILITY. FINALLY, ONE MUST CONSIDER WHETHER A SYSTEM OF SOCIAL THERAPY BASED ON MANIPULATION WOULD IN ACTUALITY DIFFER MUCH FROM PUNISHMENT. IT IS CONCLUDED THAT WHEN ONE EXAMINES THE ALTERNATIVES TO CRIMINAL LAW AND PUNISHMENT, THE EXISTING SYSTEM IS LIKELY TO BE FOUND THE MOST ACCEPTABLE INSTITUTION OF SOCIAL CONTROL AND ORGANIZATION. (JAP)