I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment (no inverted commas).
At the beginning of Book X of his last work The Laws Plato turns his attention from violent and outrageous actions in general to the particular case of undisciplined and presumptuous behaviour in matters of religion: “We have already stated summarily what the punishment should be for temple-robbing, whether by open force or secretly. But the punishments for the various sorts of insolence in speech or action with regard to the gods, which a man can show in word or deed, have to be proclaimed after we have provided an exordium. Let this be it: ‘No one believing, as the laws prescribe, in the existence of the gods has ever yet performed an impious action willingly, or uttered a lawless word. Anyone acting in such a way is in one of three conditions: either, first, he does not believe the proposition aforesaid; or, second, he believes that though the gods exist they have no concern about men; or, third, he believes that they can easily be won over by the bribery of prayer and sacrifice” (§ 885B).
The point of view of this series is that of contemporary analytical philosophy. Each study will deal with an aspect of moral philosophy. Particular attention 'rill be paid to the logic of moral discourse, and the practical problems of morality. The relationship between morality and other 'universes of discourse', such as art and science, will also be explored.
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