john doran:
and my point is only that this lack of respect has its genesis in the moral conviction of the citizenry that it would be wrong to impose the death penalty in many instances; if, however, you simply socialized that conviction out of your populace, there would be no more ethical apprehension and all kinds of respect for the law.
The evidence is that you cannot socialize it out of society – even Medieval England failed at that.
john doran:
and, if you like utilitarian calculi, the net benefit of such socialization would, at least facially, seem far to outsrip the costs.
so why not do it?
Because A, you can’t do it, and B, the cost of simply trying it would be far too great.
john doran:
Like most humans.
john doran:
no. i mean, if crime was radically reduced as a result, then why not go for it?
Because you reach the point of diminishing returns long before you get to shoplifting, of course.
john doran:
it’s where utilitarianism takes you, if you are unflinchingly consistent (i.e. non-arbitrary) in its application.
Why should one be forced to accept a particular philosophy?
john doran:
sigh. what would you say if a nazi asked you, “how do we avoid our duty to protect the citizenry without killing a few jews and blacks and so on”?
By saying, “You do not protect the citizenry through racism” of course!!
john doran:
cart before the horse: since all punitive consequences are post facto, penal law is necessarily the law of the skydiver, in any society.
No – penalties
per se may be post facto of a particular crime. But we can pass laws today that prevent crimes tomorrow. We can incarcerate or execute a vicious killer today and prevent a murder tomorrow.
john doran:
anyway, trying to determine if it’s moral to execute criminals by asking if killing criminals will prevent some other murders or rapes or whatever, is to engage in the central utilitarian conceit: to identify morality with outcomes.
Read what the CCC says:
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Assuming that the guilty party’s identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.
If, however, non-lethal means are sufficient to defend and protect people’s safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity to the dignity of the human person. (My emphasis.)
This is clearly a utilitarian concept – the death penalty is acceptable if we can’t protect people any other way.
john doran:
and if you accept that methodology, then there’s no reason simply to institute a regime of moral pedagogy that makes people accepting of capital punishment for even the smallest misdemeanor. if you really want to keep people from doing wrong, you make it clear that they’ll get executed for doing wrong, summarily and without appeal…
Pedagogy means “teaching children.” What do we do about adults?
As I have pointed out, A, you can’t do it, and B, the cost is greater than we can pay.
john doran:
ignoing them can’t be any easier than killing them.
Actually it is – because by ignoring we also kill. We kill those subjected to brutality in prison, and we kill those victimized by people who ought to be incapacitated but who are not.
john doran:
in fact, i would say it’s much harder,since, as you yourself are so quick to point out, “ignoring” the problem often leads to further harm and sorrow.
But if it doesn’t happen to
you, you can ignore it and feel no consequences.
john doran:
and that’s the hard part about doing the right thing: realizing that you and others can go on suffering as a result of doing it.
Which is why we are so willing to ignore and go blythely on.
john doran:
i would rather that no one be guilty of the murder of a child-murderer and live with the possibility that he’ll murder someone else, than live with another guaranteed murder: the murder of the criminal.
As I said, that’s an old Abbot and Costello routine – Abbot is trying to get Costello to do something dangerous, and Costello says, “But I might be killed.”
And Abbot says, “That’s a risk I’m willing to take.”
You’re willing to take it because you don’t believe it will be
your child that is murdered.