1. Reward and Punishment

2. Distributive Justice Good and bad on a just and fair basis
Aspects of reward and punishment
Elements of justice
Treatment of humans by other humans
Concerned with past events
Individualistic in application
Comparative justice can be applied in relation to another person

3. Reward Four ways which it can be distributed
As equally among people as possible
According to people’s abilities
According to what they deserve
According to their needs

4. Equal Distribution of Rewards
Example with medial resources, lottery or chance method also applicable
Problems
Ignores other criteria
Difficult to determine how and if people are equal

5. Other Possible Reward Systems
Based on production, ignores effort or ability
Several problems with effort as well
Not paid for effort
Difficult to measure
How is skill measured
Ability
Should natural ability be rewarded?
Acquired ability?
Do people use their abilities well?

6. Other Possible Reward Systems
Based on need
Private need or public need
Other criteria in employment
Training inside professions
Level of equipment utilized
Physical danger
Job unpleasantness
Seniority
What are the problems with each?

7. Two Major Reward Theories
Retributivist
People should be rewarded based on merit
Not concerned with future good consequences
Tends to reward efforts rather than achievement
Utilitarian
People should be rewarded based on future good consequences
Would be in favor of higher pay for the worst jobs
Would reward production, not effort
If consequences are the only criteria then it is possible to reward an undeserving person

8. John Rawls Locke said natural lights given by God
Rawls – they are given by a just society
Two basic principles
Equality, each person has equal rights to maximum liberty
Difference, inequality is possible if it’s to everyone’s advantage
Believed wealth is society’s, not the individuals

9. Evaluating Rawls’ Theory
Advantages
Fits well with capitalism
Allow for freedom, but also fair distribution
Provides a way to arrive at rules by the veil of ignorance
Tries to balance individual rights with collective good
Disadvantages
Doesn’t fit in with conservative views
Can you operate from veil of ignorance
Can difference principle operate successfully
Rawls ignores other theories

10. Punishment Four requirements Needs a legal system Unpleasantness
Based on reason
Imposed by legal authority
Rules or laws
Needs a legal system
Ruling is accepted
Can be unbiased

11. Retributive Punishment
Given only when it is deserved
Why crime requires punishment
Reestablish morality
Self-restraint must be restored to eliminate unfair advantages
Problems
Difficult to determine what people observe
Difficult to utilize mercy
Difficult to determine the seriousness of offenses
Are there appropriate punishments for some crimes

12. Utilitarian Punishment
Aim towards the good society
In order that instead of because of
Two types of sanctions on criminals
Internal, development of conscience
External, established by laws providing penalties
Laws can function at both levels
Questions to ask about punishment
Will future crimes be deterred?
Will others in society be deterred from future crimes?
Will society be protected?

13. Reform and Rehabilitation
Imprisonment does not foster these
Psychological treatment ineffective for other reasons
Prisoners resent this
No general standards
Therapists have too much power
Alternatives, release dates
Inexact sciences

14. Attempts at Deterrence
No proof that deters anyone else
This is using a person as a means to an end, which may be immoral
Possible to punish the wrong person
Protection of society
Should we allow criminals back into mainstream
Some crimes will not be committed again, should they be punished
Is utilitarian punishment really about punishment or social engineering?

15. Restitution
Compensation for victims, justice only served if this is achieved
Evolution of views on crime, now thought of mostly against the state
Restitution to counter that
Needs to be decided by judicial process
Fits well with retributivist and utilitarian theories
Problems
May be no way to achieve restitution for some crimes
Monetary form will be unjust
Age of criminal plays a role
Does not distinguish between intentional and unintentional harm

16. Synthesis Retributivism allows us to consider what is deserved
Utilitarianism allows us modify punishment based on what is useful
Restitution could help mediate both
Synthesize four ways of distributing good and bad
Start as equally as possible
Then consider what is really needed
Situation or context an important variable