Philosophy of the Criminal Law

"The degree of civilisation in a society can be judged by entering its prisons." - Fyodor Dostoyevsky, The House of the Dead

"The quality of a criminal justice system is an important measure of the value of a political community. Apart from waging war, no decision made by the state is more significant than its judgment about what conduct should be proscribed and how severely to punish it." - Douglas Husak, Overcriminalisation: The Limits of the Criminal Law

I mentioned that one of the modules I'm taking this term is Theological Ethics. Well, another of the modules I'm taking this term is Philosophy of the Criminal Law. It's going to be an interesting term!

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The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country.

A calm, dispassionate recognition of the right of the accused, and even of the convicted criminal - a constant heart-searching by all charged with the duty of punishment - a desire and eagerness to rehabilitate in the world of industry those who have paid their due in the hard coinage of punishment: tireless efforts towards the discovery of curative and regenerative processes: unfailing faith that there is a treasure, if you can only find it, in the heart of every man.

These are the symbols which, in the treatment of crime and criminal, mark and measure the stored-up strength of a nation and sign and proof of the living virtue in it.

- Winston Churchill, Speech in the House of Commons (1910*)

*exactly a century ago!