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Salient. An Organ of Student Opinion at Victoria University College, Wellington N.Z. Vol. 21, No. 4. April 23, 1958

Moral Guilt

Moral Guilt

There are some arguments of a more practical nature against the idea of retribution in the Criminal Law. If punishment be founded on moral guilt, the deserved affliction will be light or cannot be applied in cases where the negligence is considerable, but the immorality often small. The criterion would equally fail with respect to a psychopath whose moral guilt decreases in the same rate as his abnormality increases. A problem would arise in connection with conscientious objectors and those who fight the existing legal order for the sake of what—in their opinion—is a better cause. Such a foundation would be catastrophic indeed: for action should only be taken against any individual because he harms the welfare of the community or endangers its security. The psychiatrists in particular are opposed to the doctrine of retribution. The believers in it endeavour to draw the line between those who get what they deserve and those whose cases must be dismissed because they are psychopaths who require medical attention. Psychiatry, however, cannot draw a line, but only knows graduation.