Paper Summary:

The paper provides an overview of consequentialism and outlines the central objections to this philosophical and theoretical stance in the context of criminal justice practice. The paper analyzes the extent to which this moral philosophical perspective is relevant to modern criminal jurisprudence. The paper presents the position that while this theory is limited, it also serves some important legalistic purposes and therefore this theory should be integrated with other philosophical points of view.

Outline:
Introduction
Overview of the Philosophy of Consequentialism
Objections to the Theory of Consequentialism
Consequentialism and Criminal Justice
Conclusion

From the Paper:

"Substantive moral theories in modern philosophical discourse typically fall into the categories of consequentialist or deontological. Consequentialist theories, which derives from the ethos of utilitarianism, state that, "...agents must always act so as to produce the best available outcomes overall" (Scheffler S. review). In contrast to this position, deontological moral theories stress that the best overall outcomes are not of primacy significance. In the context of modern philosophical and moral theory, it is generally acknowledged that the consequentialist view is inadequate in terms of a comprehensive and inclusive moral theory."

Sample of Sources Used:

• Arneson, R. J. 2003, Consequentialism vs. Special-Ties Partiality. The Monist, 86(3), 382+. Viewed 3 November, 2007, <http://www.questia.com/PM.qst?a=o&d=500255951>
• Bailey, J. W. 1997, Utilitarianism, Institutions, and Justice, Oxford University Press New York:.
• Consequentialism:The Internet Encyclopedia of Philosophy, viewed 3 November, 2007, <http://www.iep.utm.edu/c/conseque.htm>.
• Consequentialism. viewed 3 November, 2007,<http://plato.stanford.edu/entries/consequentialism/
• Defining consequentialism, viewed 3 November, 2007, <http://www.informationdelight.info/encyclopedia/entry/Consequentialism>

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