Abstract

We seek to probe into the question of whether it is moral to administer a punishment on a criminal both in his lifetime and posthumously. Is it moral to punish a murderer both during his lifetime by sentencing him, for instance, to life imprisonment, and posthumously—let us assume—by burial in a separate section of the cemetery exclusively assigned for murderers, which would perpetuate their ignominy? We consider that a discussion of this crux might raise valuable insights and questions regarding the philosophy of punishment. We will aim to examine this issue from several perspectives: utilitarianism, retributivism, and expressivism. Moreover, we shall consider it as a means for preventing an exacerbation of the punishment by more cruel means. Furthermore, we will point out some problems which should be considered that may arise from the posthumous penalty.