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Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven
admin
2014-01-13
65
问题
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven utility. Because justice is regarded as one form of equality, we find in its earlier expression the idea of a punishment equal to the crime. Recorded in the Old Testament is the expression "an eye for an eye, and a tooth for a tooth." That is, the individual who has done wrong has committed an offense, society must get even. This can be done only by inflicting an equal injury upon him. This conception of retributive justice is reflected in many parts of the legal codes and procedures of modern times. It is illustrated when demand the death penalty for a person who has committed murder. This philosophy of punishment was supported by the German idealist Hegel. He believed that society owed it to the criminal to administer a punishment equal to the crime he had committed. The criminal had by his own actions denied his true self and it is necessary to do something that will counteract the denial and restore the self has been denied. To the murderer nothing less than giving up his own life will pay his debt. The exaction of the death penalty is a right the state owes the criminal and it should not deny him his true.
Modem jurists have tried to replace retributive justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member society. Before a treatment can be administered, the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminal who are incurable should be permanently separated from the rest of society. This does not mean that criminals will escape punishment or be quickly returned to take up careers of crime. It means that justice is to heal the individual, not simply to get even with him, If severe punishment is the only adequate means for accomplishing this, it should be administered. However, the individual should be given every opportunity to assume a normal place in society. His conviction of crime must not deprive him of the opportunity to make his way in the society of which he is a part.
Hegal would view the death sentence for murder as______.
选项
A、inadequate justice
B、an admission of not being able to cure a disease
C、the best way for society to get revenge
D、an inalienable birthright of the murderer
答案
D
解析
细节理解题。根据第一段中“He believed that society owed it to the criminal to administer a punishment equal to the crime he had committed.To the murderer nothing less thangiving up his own life will pay his debt.”可知,黑格尔认为,如果一个人犯了罪,那么社会应该用与其罪行相当的方式来惩罚他,对于那些杀人犯来说,只有死刑可以还社会一个公道。D选项符合原文意思,因此,D选择正确。
转载请注明原文地址:https://kaotiyun.com/show/lnQO777K
0
考博英语
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