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  3. 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

admin2011-03-26  101
问题     Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty.  Because justice is regarded as one form of equality, we find in its earlier expressions 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 offence against society. To make up for his offence, society must get even. This can be done only by doing an equal injury to him. This conception of retributive justice is reflected in many parts of the legal documents and procedures of modern times. It is illustrated when we 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 give 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 this denial and restore the self that has been denied. To the murderer nothing less than giving up his own will pay his debt. The demand of the death penalty is a right the state owes the criminal and it should not deny him his due.
    Modern 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 of 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 criminals who are incurable should be permanently separated front the rest of the 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 punishments is the only adequate means for accompanying 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.
Hegel 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 黑格尔把因谋杀而判的死刑看作是杀人犯不可剥夺的权利。第一段中提到德国唯心主义者黑格尔支持杀人者死的惩罚哲学。他认为，社会对犯人的惩罚应和他所犯下的罪行相等。罪犯以他自，己的行为否定了真正的自我，因此，有必要采取一些措施抵消自我否定，恢复被否认的自我。对杀人犯来说，完全放弃自己的意愿就能够偿还所欠“债务”，要求死刑是政府赋予罪犯的权利，不应该剥夺他该受的惩罚。
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