Speaking the Language of Evil

20 Pages Posted: 1 Nov 2004

Abstract

In this essay the author combines a discussion of public discourse about evil with contentions about the nature of evil in crime and punishment.

With respect to public discourse, Professor Pillsbury argues that for strategic and substantive reasons liberals should learn to use the language of evil. Although subject to a variety of serious abuses, talk about evil is needed for powerful moral argument. It is also important to recognize the reality of evil in the world.

With respect to crime, the author contends that our concept of violent wrongdoing should expand beyond the most deliberate forms of wrongdoing to include instances of moral indifference. These are cases where the harm doer displays basic lack of concern for the fundamental interests of the persons harmed. Examples are given both in homicide and rape.

The discussion of evil in punishment focuses on harsh mandatory sentences in United States, notably the Three Strikes law in California. The author argues that this law's insistence that life sentences be imposed without consideration of the individual offender or the particulars of the offense, but only the offender's criminal record, mandates a form of moral indifference and so leads to cruel punishment.

Suggested Citation

Pillsbury, Samuel H., Speaking the Language of Evil. Available at SSRN: https://ssrn.com/abstract=613443

Samuel H. Pillsbury (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-1093 (Phone)

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