Department of Ethics, Faculty of Philosophy, University of religions and Denominations, Qom, Iran
10.22108/mph.2024.141106.1556
Abstract
Punishment, its justification, and the relationship between punishment and justice are important topics in both moral philosophy and jurisprudence (Figh). In this article, which is devoted to the topic of retributivism, first the definition of retributivism and its purpose are stated, and then the theories of Shatibi and Jeremy Bentham regarding punishment are presented. After a comparative discussion, the objections that arise against the utilitarian school regarding punishment are mentioned. Through Shatibi's retributive theory, which operates based on rules, objections are raised against Bentham's retributive theory, which proceeds based on act-utilitarianism, including the issue of justice being called into question in punishment. Additionally, three major differences between Shatibi's purposes of Sharia and Bentham's utilitarian retributivism are discussed, which in a way demonstrate the strength and superiority of the purposes of Sharia over utilitarianism. The first difference is the temporal criteria for benefit. The second difference is the confinement of pleasure to material pleasures in utilitarianism, while the purposes of Sharia consider both material and spiritual pleasures. The third difference is that in utilitarianism, the consideration of religion is subordinate to worldly matters, whereas in the purposes of Sharia, the consideration of religion takes precedence over worldly matters, such that religion is the basis and foundation for other benefits. In Bentham's utilitarianism, punishment itself is considered a suffering, unless its benefit outweighs its harm. In cases where it leads to the greatest benefit for the greatest number of people, punishment is desirable, even if it results in injustice.
Tabatabee, M. and Karimi, S. (2024). The Ethics of Punitivism from the perspective of Shatibi's Maghasid al-Sharia and Bentham's Utilitarianism. Metaphysics, (), -. doi: 10.22108/mph.2024.141106.1556
MLA
Tabatabee, M. , and Karimi, S. . "The Ethics of Punitivism from the perspective of Shatibi's Maghasid al-Sharia and Bentham's Utilitarianism", Metaphysics, , , 2024, -. doi: 10.22108/mph.2024.141106.1556
HARVARD
Tabatabee, M., Karimi, S. (2024). 'The Ethics of Punitivism from the perspective of Shatibi's Maghasid al-Sharia and Bentham's Utilitarianism', Metaphysics, (), pp. -. doi: 10.22108/mph.2024.141106.1556
CHICAGO
M. Tabatabee and S. Karimi, "The Ethics of Punitivism from the perspective of Shatibi's Maghasid al-Sharia and Bentham's Utilitarianism," Metaphysics, (2024): -, doi: 10.22108/mph.2024.141106.1556
VANCOUVER
Tabatabee, M., Karimi, S. The Ethics of Punitivism from the perspective of Shatibi's Maghasid al-Sharia and Bentham's Utilitarianism. Metaphysics, 2024; (): -. doi: 10.22108/mph.2024.141106.1556