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Integrative
Studies 250
Philosophy of Human Nature
Fall Quarter 2001
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Punishment
Study Questions
Karl Menninger, "Therapy,
Not Punishment"
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What are Menninger's objections to the 'prison-threat' theory of crime
control?
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Why does Menninger advocate indefinite detention?
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How would Menninger reply to the following claim?
Those who commit murders
and rape don't deserve to be helped. They deserve to
be punished--to suffer
so as to pay for their crime.
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Is Menninger's view compatible or incompatible with a libertarian view
of free will? With a compatibilist view of free will? Explain.
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According to Menninger's theory, a burglar may spend the rest of his life
in 'prison' while a rapist may be released after only a few months.
Do you see why Menninger's theory has this consequence? Does that seem
an acceptable or an unacceptable result? Why or why not?
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Menninger is clearly opposed to punishment. What does he mean by
'punishment'? Why is he opposed to it? Is he right?
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Why is Menninger opposed to using the term 'insane'?
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What are Menninger's reasons against capital punishment?
Clarence Darrow, "An Address
Delivered to the Prisoners in the Chicago County Jail"
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What evidence is there in Darrow's article that he is a Hard Determinist?
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Darrow's discussion on p. 80 of his article is meant to establish the claim
that ther is no difference between the people in the jail and the "respectable
classes" outside of the jail. Do you agree?
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Can you thnk of additional examples that support his position about the
lack of a difference between those two classes of people?
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"If every man and woman and child in the world had a chance to make a decent,
fair, honest living, there would be no jails, and no lawyers, and no courts."
(p. 83) Do you agree? Is the root cause of all crime economic, as
Darrow argues?
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What is the remedy Darrow suggests? Do you agree with him?
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