Leiden University Student Repository

van Duijn, Anna A (2025)

On Why the Moral Risk Argument is Not Convincing

Bachelor thesis | Filosofie (BA)

In my thesis, I will investigate whether an argument against the permissibility of legal punishment is convincing. In Chapter 1, I will explain the argument I focus on. In Chapter 2, I will argue that this argument is not persuasive because there are mistakes in the argument. Firstly, I will explain that the argument commits a category mistake. Secondly, I will argue that the argument uses the wrong mathematical rule. In Chapter 3, I will argue that other objections against this argument have not been refuted convincingly. The first objection that has not been refuted is that refraining from punishment will lead to horrifying consequences. The second objection that did not get a satisfying reply is that there are theories that escape the argument. The conclusion of my thesis will be that this argument against punishment is not convincing. It is important to consider arguments against the permissibility of punishment, as the state should only impose such drastic measures against...Show moreIn my thesis, I will investigate whether an argument against the permissibility of legal punishment is convincing. In Chapter 1, I will explain the argument I focus on. In Chapter 2, I will argue that this argument is not persuasive because there are mistakes in the argument. Firstly, I will explain that the argument commits a category mistake. Secondly, I will argue that the argument uses the wrong mathematical rule. In Chapter 3, I will argue that other objections against this argument have not been refuted convincingly. The first objection that has not been refuted is that refraining from punishment will lead to horrifying consequences. The second objection that did not get a satisfying reply is that there are theories that escape the argument. The conclusion of my thesis will be that this argument against punishment is not convincing. It is important to consider arguments against the permissibility of punishment, as the state should only impose such drastic measures against crimes if it is morally justified. However, reviewing these arguments and seeing their limitations is also important, as punishment has important functions in keeping society safe.Show less

Author

van Duijn, Anna A

Faculty

Faculty of Humanities

Specialisation

Ethics and political philosophy

Supervisors

Kalf, W.F.

ECTS Credits

10

Language

en