On Marxian Suspicion Of The Justifications Of The Legal Punishment

Marxian suspicion of the justification of the punishment is based on his analysis of the traditional theories of punishment. The utilitarian theory insists upon the maximum social benefit from the punishment; the retributive theory argues for the just and deserving. Marx in his analysis of those theories thinks that the utilitarianism in its pursuing the social interests would lead to punish the innocent; and the retributive theory is possible theoretically but fail to be carried out practically. This paper exposes out how Marx deal with the problem of the justification of the punishment and his attitude towards death penalty.The paper is divided into four parts: in part one, the author briefly presents the significance of the issue in question and gives a definition of the concept of the legal punishment discussed here with reference to the ideas from a few philosophers in the history.In part two, the author discusses the traditional utilitarian theory laid down by Beccaria and Bentham, and then analyses Marxian question put foreword for its justification.In part three, the author presents the retributive theories of justification of punishment maintained by Kant and Hegel, and then Marxian confirmations and critiques of them.Part four is concerned with the status of the death penalty in the legal punishment and Marxian attitude toward that issue.