The Theories Advanced by Mill and Kant by Applying Them to a Specific Situation - Research Paper Example

Undoubtedly, it won't be wrong to say that the death penalty is the harshest form of punishment that persists in the world. Today the easiest way to execute this punishment is by inducing lethal injections. Capital punishment has turned out to be a topic of immense debate and hence is a very controversial and contradictory topic. Those who side this form of punishment believe that his punishment helps to reduce the level of crime and deserves for those who commit such offensive crimes whereas those who contradict this approach believe that the better way to punish such people is through life imprisonment and at times this extreme punishment can also be enforced on those who are convicted in a wrong manner. Hence they say that life imprisonment leads to better options.

Utilitarianism is a concept that is based primarily on ethics. This theory states that the moral worth of an act is precisely evaluated by its active contribution to the entire utility. This theory is basically a consequence base theory rather than one that targets intentions. There are several claims made by Bentham and Stuart Mill in this theory and one of the major claims is about happiness which states that when an action is done then it only needs to be judged on the basis of the happiness or the unhappiness it tends to create whereas all other things are not to be considered. Hence according to this theory, we are liable to do everything that would bring happiness in this transitory world.

So according to the Utilitarian perspective which is Mill's view in that it is believed that punishments are not in favor of this theory. It is not justified to take life or the freedom of any individual under this theory. Necessarily Mills according to this belief doesn't support capital punishment as it will cause immense suffering to the convict which will be a source of happiness. Hence the concept of punishment is not acceptable by Mills. He believes that the only way the suffering caused by any such act can be acceptable is when it in some way results in benefitting the society and there is no alternate way available which does not involve suffering. So in simpler words, if this form of punishment results in more benefits than negatives in the society and there isn’t any other way to overcome the penalty then in such circumstances death sentence or capital punishment is supported by the utilitarian ground or in other words by Stuart Mill.

Hence, Mills does not favor capital punishment as it will cause suffering and pain unless it results in bringing more benefits to society.

On the contrary Kant, another famous philosopher has very different views on this issue. Kant on the record has always sided death penalty. Kant in his work namely "Metaphysics of Morals" states in this book that no society can function without laws therefore to implement the law such punishments are necessary. He believes who has committed any such act that dents the sovereignty of the nation requires serious action and punishment so that it becomes a source of inspiration for all and such acts are avoided in the future. "Kant's view is that the punishment must fit the crime (or be proportionate to the crime) eye for an eye, tooth for tooth, life for life." (White, 197) in this way Kant believes the only way to punish a murderer is to kill him. This is the only way through which the requirements of social and legal justice can be satisfied.

Hence In a nutshell death penalty is a topic that is conceived in a very different manner by both these great philosophers where one favors the Utilitarian perspective which is completely against suffering while the other is incomplete favor of such brutal punishments. It is therefore not possible to interlink these perspectives.