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Consequences of CompassionAn Interpretation and Defense of Buddhist Ethics$
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Charles Goodman

Print publication date: 2009

Print ISBN-13: 9780195375190

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195375190.001.0001

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Punishment

Punishment

Chapter:
(p.165) 9 Punishment
Source:
Consequences of Compassion
Author(s):

Charles Goodman (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195375190.003.0010

If Buddhists really hold consequentialism and hard determinism, we would expect them to endorse utilitarian views of punishment and reject retributivism. We find this kind of view on the justification of punishment in Nagarjuna’s Precious Garland. Nagarjuna sees punishment as sometimes necessary, thereby rejecting a pacifist form of unqualified nonviolence. But he advocates compassionate and merciful punishment in terms incompatible with any form of retributivism. From a Buddhist perspective, the American criminal justice system creates needless suffering on a massive scale. Punishment is necessary to protect society, but should be practiced only to the extent required by deterrence and rehabilitation; our present system can be justified only by appeal to irrational and vindictive retributivist views. Buddhists should advocate the abolition of the death penalty and the elimination of mandatory minimum sentences, especially for nonviolent offenders.

Keywords:   Nagarjuna, utilitarian, consequentialism, hard determinism, punishment, nonviolence, retributivism, deterrence, death penalty, mandatory minimum

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