Logical Reasoning

PT113 · S2 · Q22 Political theorist: Many people believe

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Political theorist: Many people believe that the punishment of those who commit even the most heinous crimes should be mitigated to some extent if the crime was motivated by a sincere desire to achieve some larger good.

Conclusion (should)

Judges should never mitigate punishment on the basis of motives.

Evidence (since)

Even though some criminals with admirable motives do deserve mitigated punishments, motives are just a matter of conjecture so even vicious motives can easily be presented as altruistic.

Evaluate

The answers on Principle-Justify questions usually come in the form of "If Premise, then Conclusion", so an answer in that form would sound something like,

if motives are inherently speculative and even bad ones can be presented as altruistic, then judges should never mitigate on the basis of motives.

Sometimes the answers sound more like a "should-strengthener", so an answer in that form would sound something like,

judges should try to avoid mitigating punishment based on stuff that is essentially conjecture.

The most rare form of an answer only comes into play when the argument involves Weighing Tradeoffs, as this one does. When authors mention the pros and cons of doing X, if they conclude "we should do X", then we want an answer saying "the pro is more important than the con". If the author concludes "we shouldn't do X", then we want an answer saying, .

In this argument, the advantage of mitigating punishments based on motives is that some people with admirable motives would get the lessened punishment they deserve. The disadvantage is that people who had vicious motives could still present their motives as though they were altruistic, and so they might get a lessened punishment that they don't deserve. Thus, a Weighing Tradeoffs answer here might sound like,

It's more important that we don't let vicious people get undeserved lessening of their punishment than it is that admirable people get a deserved lessening of their punishment.

Goal

We know we need a principle that informs a judge how she should handle punishment / sentencing. Should she or shouldn't she be factoring in motives? We want our answer to help us say, "don't lessen the punishment based on motives".

22.

Which one of the following principles, if valid, most helps to justify the political theorist's reasoning?

  1. Laws that prohibit or permit

    Unrelated to Goal

    This is a rule about whether or not a law should be a part of a legal system. Our conclusion, though, has nothing to do with saying "this law shouldn't be part of a legal system". Our conclusion is about how a judge should determine punishment for a law that's been broken.

    18% picked this

  2. Correct

    It is better to err

    Why this is right

    This is the Weighing Tradeoffs style of answer. Our author is more concerned about vicious people getting unfairly rewarded with lighter sentences than he is about admirable people getting fairly rewarded with lighter sentences. That's his basis for saying that judges should never factor in motives. This answer is amplifying his assumption, that it's better to err on the side of overly punishing the people with admirable motives than it is to err on the side of under-punishing the vicious motive crowd.

    Skill tested: Principle-Strengthen · how this choice captures the argument's function is the move to repeat next time.

    47% picked this

  3. The legal permissibility of actions

    Unrelated to Goal

    This is a rule about whether or not an action should be legally permissible. But this argument is about whether or not a judge should give a lighter punishment based on the motives of the criminal. Doing so would not be legally impermissible. The author isn't agitating for us to make that illegal. She is just saying "Judges shouldn't do it". But judges have discretion in sentencing. They have "sentencing guidelines", but it's up to them to decide on particular sentences.

    28% picked this

  4. No law that cannot be

    Unrelated to Goal

    This is a rule about whether or not a law should be enacted. But the conclusion isn't saying, "Thus, we shouldn't enact this law about mitigating punishments based on motive." There isn't going to be any law. Judges have discretion to decide on how light/harsh a sentence should be. Our author's conclusion is just trying to recommend that judges don't let motives factor into that decision process.

    3% picked this

  5. A legal system that, if

    Unrelated to Goal

    This is a rule about whether or not a legal system should be adopted. Our conclusion, though, has nothing to do with saying "this legal system shouldn't be adopted." Our conclusion is about how a judge should determine punishment for a law that's been broken.

    4% picked this

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