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Justice in society must include both a fair trial to the accused and the sel
Justice in society must include both a fair trial to the accused and the sel
游客
2023-07-11
48
管理
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 offense against society. To make up for this offense, society must get just. This can be done only by inflicting an equal injury upon him. It is illustrated when we demand the death penalty for a person who has committed murder.
And 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. To the murderer nothing less than giving up his own life will pay his debt.
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 from the rest of society. 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(定罪)of crime must not deprive him of the opportunity to make his way in the society of which he is a part. [br] 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、a suitable way of punishing the murderer
答案
D
解析
推断题。该题问Hegel 是如何看待对谋杀者判以死刑的?第二段第二句提到 Hegel "believed that society owed it to the criminal to administer a punishment equal to the crime he had committed.To the murderer nothing less than giving up his own life will pay his debt.”(黑格尔认为社会应对罪犯处以等同于他所犯罪行的刑罚,对杀人犯来说,唯有以血还血),因此D项“死刑是惩罚谋杀者的适当方法”正确。
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