Philosophy and the law Essay Example | Topics and Well Written Essays - 1250 words

Philosophy and the law - Essay ExampleVarious schools of thoughts have been suggested to dissect and explain the phenomenon of crime and the effect of punishment on the criminal mind. What leads a person to commit a crime, and even reoffend, despite the specter of punishment hanging over his head like the sword of Damocles? In the hypothetical geek of Mickey McHeinous, the question of whether a criminal who has committed the most heinous of crimes and as a aftermath suffered unbearable guilt as a consequence of his acts should be punished is being presented for consideration. There is no question that Mickey McHeinous should still be punished for his crimes not only to set a cut-and-dried example to others that crime always begets punishment but primarily because society must be protected from the harm that he might still commit. Guilt, and its animal(prenominal) and physiological consequences, is not enough justification to spare him from punishment because it does not ensure that he will not repeat the commission of the same crime.The oldest and bear concept of crime is that it is largely retributive. A criminal is sentenced to punishment that corresponds to the weight of his crime. This is to impress upon the criminal that crime does not pay and his evil deeds against all member of society will not go unpunished. Mickey McHeinous might be physically and psychologically suffering from his crimes but this does not justify economical him from societys punishment. Punishment as a retribution is not only a reassertion of the biblical concept of an eye for an eye a tooth for a tooth but it is also a representation of justice. It is not only Mickey McHeinous that suffers from his crimes, but society as well more so, in event because they are the victims. Why should the law favor him by sparing him from punishment and turn a deaf ear on the rest lived by the rules and did no harm