Yes. And that wish conflicts our wish for the humane society that maximizes happiness.
Yes and I believe then that attaining justice best maximizes our happiness or at least our satisfaction.
All ethics and politics isa based ultimately on emotion -- on the desire to survive, if nothing else. the difference is that some imperatives we all agree on seeking (survival, progress, etc.)
Not everyone agrees with all the above technically. Ludites don't believe in progress, nihilists, radical nature worshippers, and doomsday cultists, care very little about human survival.
and some imepratives we don't. When a conflict between the former and the latter arises, which one should give, do you think?
Depends on many things(usually who's in charge). Some things we may feel more strongly about then others for example or how long the value lasts or whether values conflict in many complex ways(bread or butter choices for example are both long-term/universal value conficts). In the case of justice though, I see the need for justice as both one of the strongest and most universal of all human emotions.
Now I'm not saying might makes right. But that might is needed ti enforce right.
Evolutionary explanation may explain why this is how things are, but it says nothing about how things ought to be. Descriptive ethics is useful, but don't mistake it for prescriptive ethics.
Well I did make a distinction between explanations and justifications. However I will note according to your standards, with the greatest happiness principle being a given, you cannot dismiss evolutionary explanations as merely descriptive. That is because what makes us happy is determined by what kind of creatures we are: and what kind of creatures we are is determined by our evolutionary history.
A society of intelligent cows and a society of men may both adhere to a greatest happiness principle(which itself is merely established by emotion) , how such a principle is best served though will vary between the two societies according to each species unique biology(which is determined in part by evolutionary mechanisms/history).
Deterrenbce is a part of prevention; but death penalty has repeatedly been shown to be no deterrent to crimes for which death penalty is imposed.
I really doubt this. China for example has a very low crime rate due to its severe punishment.
We can treat incarceration as deterrence, and that's fine; but then we will arrive at incarceration methods and practices very different from what we now have under our vengeance system.
Why is that fine and not the other system? That's a mere value judgement on your part, based ultimately on what you have dismissed as "primitive emotion."
Criminals already aren't prudent -- else they wouldn't be criminals. There are very few crimes which a prudent person would undertake.
I really don't believe this at all. Your argument "criminals aren't prudent because otherwise they wouldn't be criminals" is circular. Theives and mafia men steal for profit and can get very, very smart. Many in the Russian mafia for example have Ph.d's and utilize complex chemistry to bypass tax laws on alchohol for example(disgusing vodka as window cleaner via a chemical, then adding another chemical to make it look like vodka again after shipping).
Also keep in mind behavior evolved in bands, not modern day societies. In a band being able to steal extra food when you were short on food, kill another man when you wanted his wife and such was very prudent, and at times meant the difference between life and death.
Who said anything about being a push-over? You are attacking a strawman.
That was just an example to illustrate why a vengeful person would be more succesful in a band society thena pushover. I wasn't really attacking anything with my example(Merely explaining).
If anything your taking my statement that much out of context was a strawman.
As I said, incarceration can be a part of systematic program of deterrence, which in turn would help prevent crime (but then the laws would be rather different from what they are right now). However, death penalty has no place in that scheme.
So you say, but you've still not offered anything more then mere value judgements i.e. (vengeance or justice have no value for me, so they shouldn't fpr you either). To which I disagree, I think vengeance and justice are of utmost value, especially for most henious and easily proven crimes.