Question

Case Study: For Critical Analysis

Mr. A B. C was brought to court for stealing. The court noted that he has been convicted for similar offenses many times. Can the court put him in prison at this time and with a much heavier penalty?

Mr. A's defense lawyer argued on A's behalf that A should be spared from prison for he is a Kleptomania-defined as a strong compulsion to steal. Why do you think this qualification is relevant to the case?

- In law, cases like this, e.g. Kleptomania, has its own appropriate sentence.

- In psychology, kleptomania is tantamount to mental illness and needs treatment.

- In philosophy, underlying question-human freedom and responsibility-need to be examined.

From the philosophical point of view, the case presented earlier takes on different path. Its method of inquiry is holistic and considers many perspective or theories on its approach in solving or assessing problems in society or activities of life. Precisely in real-life situations, one perspective is not enough to show the strength of our decision. Philosophy is about life, and it is for this reason that philosophy is considered a holistic discipline.

Going back to the example, the story of Mr. A B. C is classic example where seemingly there is a conflict between law and reason. As mandated by law, stealing is punishable by law. The saying says : “Dura lex, sed lex – the law is stiff, but it is the law.” The law may seem to be harsh, but it is the law. We live in a community of laws and not of men.

However, the other context of positive laws that need to be stressed is not the punitive aspect of the law but the rehabilitative attribute. The consideration of mitigating circumstances are situations that need to be examined. Logic demands that no individual can be punished for acts that he has no control of. Thus in the case of Mr. A B. C, kleptomania and other similar acts, if proven beyond reasonable doubt, are mitigating circumstances that lessen responsibility and accountability, but they cannot remove one’s responsibility and accountability. Thus, individuals are still accountable in all their actions.

If you were the judge, can you sentence Mr. A. B. C to prison at this time and with heavier penalty?


1. If you were the judge, can you sentence Mr. A. B. C to prison at this time and with heavier penalty?


2. Can a person be accountable for his acts if these are beyond his control?

Answer 1

Answer:

1.no

2.yes

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