The Social Contract and The Social Contract and Retribution JusticeRetribution Justice

By: Amanda StrobelBy: Amanda Strobel

JUS 303JUS 303

Social Contract:Social Contract:State of NatureState of Nature

Requires people to voluntarily give up Requires people to voluntarily give up their rights entitled to them in the state of their rights entitled to them in the state of naturenature

STATE OF NATURE is an idea of a condition STATE OF NATURE is an idea of a condition in which “human relations are not in which “human relations are not regulated by any sort of civil authority” regulated by any sort of civil authority” (pp lecture) (pp lecture)

This gives justification for authorityThis gives justification for authority

Social Contract Theory: Social Contract Theory: The Beginning The Beginning

SocratesSocrates Citizens have seen how the city conducts itself, Citizens have seen how the city conducts itself,

can choose whether to leave or stay. Staying can choose whether to leave or stay. Staying implies an agreement to abide by the Laws and implies an agreement to abide by the Laws and accept the punishments that they mete out. accept the punishments that they mete out. (Friend,1)(Friend,1)

The state is the morally and politically most The state is the morally and politically most fundamental entity, and as such deserves our fundamental entity, and as such deserves our highest allegiance and deepest respect. Just highest allegiance and deepest respect. Just men know this and act accordingly. men know this and act accordingly.

Thomas HobbesThomas Hobbes

Was a British philosopher that also Was a British philosopher that also contributed to many fields like political contributed to many fields like political science and theology.science and theology.

Lived through English Civil War Lived through English Civil War Lead to debate over the Divine Right of Lead to debate over the Divine Right of

KingsKings War also raised religious conflict War also raised religious conflict

Catholic vs. ProtestantCatholic vs. Protestant

War ended with constitutional monarchy. War ended with constitutional monarchy.

Thomas Hobbes’s Social Thomas Hobbes’s Social Contract TheoryContract Theory

Men by nature are equalMen by nature are equal— This breeds distrust and causes conflictThis breeds distrust and causes conflict— Main causes are distrust, competition, Main causes are distrust, competition,

and glory and glory

State of Nature is constant warState of Nature is constant war No justice or peaceNo justice or peace So men seek the social contract to live So men seek the social contract to live

in groups and in peace in groups and in peace

JusticeJustice

For Hobbes, justice does not exist in the For Hobbes, justice does not exist in the State of Nature since it is of constant warState of Nature since it is of constant war

Only in the social contract can justice Only in the social contract can justice existexist

Justice is people performing on their Justice is people performing on their valid contracts made to establish society valid contracts made to establish society and peaceand peace

PunishmentPunishment

Determined by the greatness of the Determined by the greatness of the good to follow rather then past evilsgood to follow rather then past evils

Done for the correction of the offenderDone for the correction of the offender

REVENGE- is counter to the social REVENGE- is counter to the social contract contract Take society back to the state of natureTake society back to the state of nature

Problems with Hobbes’s TheoryProblems with Hobbes’s Theory

State of Nature might not be accurate State of Nature might not be accurate

Might lead to an oppressive Might lead to an oppressive governmentgovernment

If authority has to much control people If authority has to much control people might end up losing all freedom.might end up losing all freedom.

No way to leave social contractNo way to leave social contract

Robert NozickRobert Nozick

Was a political philosopherWas a political philosopher Studied at Columbia, Oxford and PrincetonStudied at Columbia, Oxford and Princeton And was a professor at HarvardAnd was a professor at Harvard

He greatly criticized utilitarian justice He greatly criticized utilitarian justice theories theories Wrote Anarchy, State, and UtopiaWrote Anarchy, State, and Utopia Also was a strong supporter of Also was a strong supporter of

libertarianismlibertarianism

Nozick’s Social ContractNozick’s Social Contract

Focused on liberty and freedomFocused on liberty and freedom

Uses protective associations to be Uses protective associations to be hired to protect liberties and propertyhired to protect liberties and property

He rejects the ideas of the social He rejects the ideas of the social contract because he believes in contract because he believes in minimal government and as much minimal government and as much liberty as possibleliberty as possible

DifferencesDifferences Nozick focuses on the individual rights and Nozick focuses on the individual rights and

freedoms needed for a just society with freedoms needed for a just society with minimal authority.minimal authority.

Hobbes states that there is need to give Hobbes states that there is need to give up some rights in order to live in a group up some rights in order to live in a group and have a just society.and have a just society.

A monarchy government being the best A monarchy government being the best for guaranteeing peace since it has the for guaranteeing peace since it has the most authority and easiest decision most authority and easiest decision making. making.

Retributive JusticeRetributive Justice

Unlike Hobbes’s Social Contract Unlike Hobbes’s Social Contract theory, Retribution Justice looks in to theory, Retribution Justice looks in to the past to respond to injusticethe past to respond to injustice

Focuses on merit and desert and Focuses on merit and desert and correcting an imbalance that has correcting an imbalance that has been madebeen made

Restores order and reinforces rulesRestores order and reinforces rules

Retribution PunishmentRetribution Punishment

TraitsTraits Punishment is always necessaryPunishment is always necessary

Criminals deserve to be punishedCriminals deserve to be punished

Punishment is morally necessaryPunishment is morally necessary

““Punishment must fit the crime”Punishment must fit the crime”

Nozick’s Theory of Revenge Nozick’s Theory of Revenge

Revenge is personal/emotionalRevenge is personal/emotional Has no limitsHas no limits Is unjustIs unjust

Retribution is done to fix a wrongRetribution is done to fix a wrong ImpersonalImpersonal Has limitsHas limits ““is committed to general principles”is committed to general principles”

Linking the two theoriesLinking the two theories

Hobbes states that punishment is Hobbes states that punishment is needed to keep order and prevent needed to keep order and prevent chaos.chaos.

Nozick states that punishment is needed Nozick states that punishment is needed to keep order and balance for justice. to keep order and balance for justice.

They both agree that punishment needs They both agree that punishment needs to be used to correct a wrong and the to be used to correct a wrong and the offenderoffender

Punishment Differences Punishment Differences

NozickNozick Punishment is always needed Punishment is always needed Done even if there is no benefit for anyoneDone even if there is no benefit for anyone Is always morally neededIs always morally needed

HobbesHobbes Only done when for the good of societyOnly done when for the good of society Punishment is not always needed (there Punishment is not always needed (there

are times when the social contract is are times when the social contract is invalid)invalid)

Death PenaltyDeath Penalty

http://kuwaittimes.net/read_news.phhttp://kuwaittimes.net/read_news.php?newsid=NzQzNjg0MDIzp?newsid=NzQzNjg0MDIz

This article is about the death This article is about the death penalty in KUWAIT. Speakers penalty in KUWAIT. Speakers discussed the death penalty at a discussed the death penalty at a seminar entitled, 'The Death Penalty: seminar entitled, 'The Death Penalty: Is it a Given Right for Society or a Is it a Given Right for Society or a Rightful Punishment?,' held at Kuwait Rightful Punishment?,' held at Kuwait University's Faculty of Sharia. University's Faculty of Sharia.

Kuwait Death PenaltyKuwait Death Penalty

A common social problem is should A common social problem is should states or countries abolish capital states or countries abolish capital punishment or leave it as it is with all punishment or leave it as it is with all the traditions that come with it?the traditions that come with it?

Kuwait is undergoing this debate Kuwait is undergoing this debate since currently capital punishment is since currently capital punishment is used in the countryused in the country

Hobbes and the Death PenaltyHobbes and the Death Penalty

““These guidelines are provided in order to These guidelines are provided in order to prevent people from taking matters into prevent people from taking matters into their own hands, which starts an their own hands, which starts an unstoppable chain of revenge that can tear unstoppable chain of revenge that can tear a country apart,”a country apart,” (Al-Qattan) (Al-Qattan)

This is exactly Hobbes view of revenge This is exactly Hobbes view of revenge leading us back to the state of natureleading us back to the state of nature

Nozick and the Death PenaltyNozick and the Death Penalty

““a third, neutral party should be in a third, neutral party should be in charge of administering an impartial charge of administering an impartial trial in such situations in order to trial in such situations in order to achieve justice rather than revenge.” achieve justice rather than revenge.” (Al-Qattan)(Al-Qattan)

Nozick states that an unemotional third Nozick states that an unemotional third party with regulations should determine party with regulations should determine punishment to avoid revenge punishment to avoid revenge

Social Contract and Death PenaltySocial Contract and Death Penalty

““Kuwaiti culture differs from that of Kuwaiti culture differs from that of other nations, meaning that Kuwait other nations, meaning that Kuwait should have its own laws allowing it should have its own laws allowing it to handle issues in its own way, to handle issues in its own way, regardless of how they are dealt with regardless of how they are dealt with elsewhere.” (Al-Qattan)elsewhere.” (Al-Qattan)

Same idea as Socrates' theory of a Same idea as Socrates' theory of a social contract with the statesocial contract with the state

Nozick and Death PenaltyNozick and Death Penalty

Nozick stated that every crime Nozick stated that every crime deserves punishment deserves punishment an example from the article is an example from the article is ““a pregnant woman is found guilty of a pregnant woman is found guilty of

murder, in which case she cannot murder, in which case she cannot receive the death penalty since that is receive the death penalty since that is considered to be unjustly penalizing her considered to be unjustly penalizing her unborn child, but will instead receive a unborn child, but will instead receive a life sentence in order to ensure that life sentence in order to ensure that justice is done.” (Al-Qattan)justice is done.” (Al-Qattan)

Weaknesses of the TheoriesWeaknesses of the Theories

““an incorrect verdict or false an incorrect verdict or false identification of the murderer, the identification of the murderer, the wrongly executed person's family wrongly executed person's family cannot be compensated, unlike the cannot be compensated, unlike the family of the victim.” family of the victim.”

This upsets the balance of justice This upsets the balance of justice and punishment would not be for the and punishment would not be for the good of the peoplegood of the people

Social Contract ProblemsSocial Contract Problems

Some people might not willingly be in Some people might not willingly be in a social contract with their a social contract with their governmentgovernment Women in the middle eastWomen in the middle east

What happens when legal actions are What happens when legal actions are taken in revenge taken in revenge Abortion just to hurt the father for Abortion just to hurt the father for

exampleexample

ConclusionConclusion

Both theories were very adequate in Both theories were very adequate in explaining the new problem of explaining the new problem of countries questioning the death countries questioning the death penalty and how this country should penalty and how this country should handle the situation.handle the situation.

Every one in Kuwait has made a Every one in Kuwait has made a social contract to live their and social contract to live their and understand that the death penalty is understand that the death penalty is established to avoid revenge and established to avoid revenge and ensure the balance of justice reminds. ensure the balance of justice reminds.

BibliographyBibliography Al-Qattan, A. (2009). Al-Qattan, A. (2009). Death penalty prevents people Death penalty prevents people

from from taking matters into their own handstaking matters into their own hands. . http://http://kuwaittimes.net/page.php?newsidkuwaittimes.net/page.php?newsid=Mw==&=Mw==&nav_idnav_id=0=0

Feser, E. (2005). Feser, E. (2005). Robert nozick (1938-Robert nozick (1938- 2002).2002).http://www.iep.utm.edu/nozick/http://www.iep.utm.edu/nozick/

Friend, C. (2004). Friend, C. (2004). Social contract theory.Social contract theory. Retrieved Retrieved november 25, november 25, 2009, from 2009, from https://https://myasucourses.asu.edu/webapps/portal/frameset.jsp?tamyasucourses.asu.edu/webapps/portal/frameset.jsp?tab=b=courses&urlcourses&url=/bin/common/=/bin/common/course.pl?course_idcourse.pl?course_id=_66363_1=_66363_1

Markel, D. (2005). State, be not proud: A retributivist Markel, D. (2005). State, be not proud: A retributivist defense of the defense of the commutation of death row and the commutation of death row and the abolition of the death abolition of the death penalty.penalty. Harvard Civil Rights- Harvard Civil Rights-Civil Liberties Law Review, 40Civil Liberties Law Review, 40(2), (2), 407-480. 407-480.

Nozick, R. (1981). What is justice?Nozick, R. (1981). What is justice? Philosophical Philosophical Explanations, Explanations,

Social contract.(2009). Social contract.(2009). Columbia Electronic Encyclopedia, Columbia Electronic Encyclopedia, 6th 6th Edition, Edition, , 1-1. , 1-1.