Philosophy and Law

Paper Summary:

The paper explains how the scope of determinism has been a source of criminal identifying that has been taken to the limits of the reasoning, within the doctrines of Kant and other older philosophical theories. The paper discusses how with the immense power of authority to impose criminal identities on the segments of the population, one can begin to wonder at the broad and sweeping generalizations that reasoning have on imparting punishment through the legal apparatus.

From the Paper:

"This philosophical study will analyze the problem of deterministic methodology in the modern American legal system. In this manner, the various aspects of punishment, especially capital punishment, will be argued for bringing about a new set of factors that can determine the nature of crime. In this manner, one can more accurately judge crimes due to a wider scope of cultural, social and economic factors that advocate punishment on various levels. Also, by analyzing Milgram's obedience theory, as well as some examples from the Nuremberg Trials, one can evaluate and offer solutions to the problem of determinism in the American legal system. The death penalty has been a major factor in how the use of determinism has been a recurrent problem with exacting capital punishment on those guilty of murdering another human being."

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