Philosophy 2220
Second paper assignment

The paper will be a maximum of 3 pages, single spaced. The instructions will be almost identical to those for the previous assignment; the grading standards are the same.

Topics:

For each of the following topics, I specify the thesis. Your paper must argue for the thesis, give a counter-example to the thesis, and then defend the thesis against that counter-example.

* Moral dilemmas: A moral dilemma is a situation in which all of a person's options are morally wrong to pick (no matter what they do, they will do something morally wrong). Pick a fairly common/normal aspect of the criminal justice system; for example, arresting people, prosecuting people, being a juror, creating sentencing guidelines, making criminal laws, sentencing people, etc. Argue for the following thesis: If __________, then [the person involved in this aspect of the criminal justice system] is faced with a moral dilemma. E.g. "If they know their client is guilty, then a defense attorney is faced with a moral dilemma." In your paper, you should specify what the moral dilemma is (what the options are) and argue that each of them is wrong.

* The problem of punishment (1): Argue for the following thesis: All punishments [except those done for ______ reasons] are morally wrong. Note: if you are interested in arguing for retributivism or deterrence or rehabilitation etc, this is the topic for you.

* The problem of punishment (2): Argue for the following thesis: If _______________, then punishing someone is a moral obligation; otherwise it is not. Note: What you should focus on in arguing for this will depend on your thesis. If you want to say that we are obliged to punish genocidal maniacs, then you probably need to argue less for that and more on why we are not obligated to punish anyone else; if you want to say that we are obligated to punish anyone who is legally guilty (or anything else very extreme) I may allow you to not argue for the claim that we aren't obligated to punish anyone else. Ask me first.

* Extra-legal punishment: Extra-legal punishment is punishment done outside of the law (e.g. vigilantism). Argue for the following thesis: If __________, then extra-legal punishment is morally (acceptable/right/obligatory) [choose one]. Note: you may not make an argument about extra legal punishment of children or students or the incompetent.

* Are there laws that we should have but that it is wrong to enforce? By "enforce" I mean enforcing with punishment. Argue for the following: All laws that [specify some criteria] are laws that are morally (right/acceptable/obligatory) [choose one] to have, but morally wrong to enforce.

* Is it ever acceptable for police to arrest someone for a crime that they know it is wrong to punish them for? Argue for the following: If [specify some criteria] then it is morally (right/acceptable/obligatory) [choose one] for a police officer to arrest someone for a crime that the police officer knows it is wrong to punish them for committing.

* Strict liability: Argue for the following: If a crime is a strict liability crime, and the large majority of those who commit it lack mens rea, it is morally (right/acceptable/obligatory) [choose one] to punish people for committing it. In your paper, you should explicitly address which theory (or theories) of justification support your view.

* Justifying punishment for victimless crimes: Argue for the following thesis: If a crime is victimless, then it is [{pick one of the following a b or c} a) wrong to punish people for committing it / b) [acceptable/right] to punish people for committing it for [(pick one) retribution/deterrence/rehabilitation] / c) a moral dilemma to punish or not punish people for committing it].

* Complying with laws against victimless crimes: Argue for the following thesis: If a law makes a victimless act criminal, then it [it is a moral [(pick one) obligation/dilemma ] to [(pick one) comply with / not comply with ] the law.

* There are probably some interesting questions about law enforcement that are related to the problem of punishment. Let me know if you would like help developing a thesis about these.

* I am open to you writing on other prompts; please ask me if you would like to do so.

Everything below must be done via email; all email to my bigfatgenius address. I will not accept ANYTHING to a different address, or turned in physically.
Outline due: Sunday August 4, 8pm. Email your outline to me at my bigfatgenius email address. Please put your outline in the body of the email, not as an attachment. Subject line: 2220 OUTLINE PAPER 2.
Paper due Date: August 9, 8pm; subject line 2220 PAPER 1 FINAL