McDonnell, Cyril (2024) Law, Morality, and the State’s Justification of Punishment: Aquinas, J.S. Mill and Brentano. Revue Roumaine de Philosophie, 68 (1). pp. 85-101. ISSN 1220-5400

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Abstract

Even though their views differ on what constitutes the proper relationship between morality and the law, Aquinas, J.S. Mill and Brentano all agree that the state is morally justified in inflicting punishment on those who are found guilty of infringing state law and committing crime. Punishment is necessary, they argue, for the purposes of bringing about law compliance and a better society. Punishment, however, steps in after the law has not been complied with and, even when transacted, punishment is no guarantee of any moral betterment in society. Notwithstanding the different moral theories that Aquinas, Mill and Brentano elaborate, this paper argues that each of these authors hold an a priori moral conviction in the state's justification of punishment, but this cherished conviction can be called into question on practical, moral and state grounds.

Item Type:	Article
Keywords:	Law; morality; moral theories; justification; state punishment; crime; Aquinas; J.S. Mill; Brentano;
Academic Unit:	Faculty of Arts,Celtic Studies and Philosophy > Philosophy
Item ID:	18733
Depositing User:	Dr Cyril McDonnell
Date Deposited:	21 Aug 2024 09:55
Journal or Publication Title:	Revue Roumaine de Philosophie
Refereed:	Yes
URI:	Organisation
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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