Reason and Punishment

Sajo, Andras

Does the punishment of those committing a crime and the application of the law in general serve rationality or emotion? Is the application of punishment itself based on reason?
Punishment serves two purposes, vengeance and deterrence. The latter makes the crime more costly to the potential offender, in the sense that it makes the crime less worth committing. Therefore, punishment as the cost of crime is rational inasmuch as it influences the behaviour of rational people. If the perpetrator does not recognise the punishment for his criminal actions, criminal law may not be justified as a rational system. The penal system can influence the decisions of rational people by increasing the likelihood of punishment, and by increasing its severity. Both are expensive, their combination is reasonable if they can prevent damages greater than the costs attached to them.

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