(PDF) Deterrence and Retribution: A Comparative Discussion ... Kant's special way of combining deterrence and retribution, however, must be distinguished from others that are less plausible. This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. The punishment served simultaneously to dramatize the catastrophic consequences of evil deeds and to "purge the evil from Israel" (Deuteronomy 17:12). Expiatory Theory 6. The justification behind punishment is that the offender simply deserved to be punished. One problem with deterrence theory is that it assumes that human beings are rational sasha82 This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. In other words, one group wants to define what deviance and crime actually is. Retributive Theory of punishment. Several implications concerning justice are derived and there is an analysis as to where slack in the pursuit of . The Retributive Theory of Punishment, or the 'Theory of Vengeance', as many people in the society would perceive it as, is the most basic, yet inconsiderate theory of inflicting a penal sentence over a perpetrator. Reformative Theory 5. On the contrary, I will argue there are very different senses in which . [2] Jeremy Bentham, The Theory of Legislation, (1995), 209. A discussion of retribution as not only a matter of desert but of equal treatment under the law is provided in T. By "retribution" I mean a goal of punishment that involves making the guilty pris-oner suffer for the sake of suffering. It is viewed as a way of getting even with the offender. Reformative Theory 5. Until the 1970s, the idea of retribution as a justification for punishment was considered to be vengeful. Expiatory Theory 6. As a top-selling genre of music in the United States, hip-hop already has had a significant social impact. Deterrent Theory 2. PDF A Distributive Theory of Criminal Law Ching 1 DETERRRENCE AND RETRIBUTION A Comparative Discussion on Bentham and Kant's Theories on Punishment Anson Ching For Dr. Samuel LaSelva POLITICAL SCIENCE 347A Law and Political Theory: 2015-2016 UNIVERSITY OF BRITISH COLUMBIA Ching 2 INTRODUCTION Punishment, as a response to bad behaviour,1 is integral to understanding Law as it is the "subsidiary" instrument that activates when obedience . By "retribution" I mean a goal of punishment that involves making the guilty pris-oner suffer for the sake of suffering. Different Theories of Punishment under IPC - Law Corner Indeed, the point of our initial article on this topic is that either type of theory would be improved Different Theories of Punishment under IPC - Law Insider India PDF absolute theory and relative theories retribution falls ... Hart draws the contrast in these very terms in 'Punishment and the Elimination of Responsibility' (chapter 7, at p. 160). Quite contrary to the idea of rehabilitation and distinct from the utilitarian purposes of restraint and deterrence, the purpose of retribution is actively to injure criminal offenders, ideally in proportion with their injuries to society, and so expiate them of guilt. Preventive Theory 3. the retributive theory of punishment The retributive theory considers that a person should be dealt with the manner in which he deals with others. PDF Capital Punishment: A comparative study It is a very important feature of our criminal justice system. PDF Theories of Punishment and Punishment under IPC Of the various theories of punishment the following there are the most important and typical Retributive, preventive and reformative. This is part of the logic behind "three strikes," and "truth in sentencing" policies, to utilize the threat of very severe sentences in order to deter some persons from engaging in criminal behavior. See Michael S. Moore, The Moral Worth of Retribution, in RESPONSIBILITY, CHARACTER, AND THE EMOTIONS 179, 179 (Ferdinand Schoeman ed., 1988) [hereinafter Moral Worth] (commenting that retributivism is a "straightforward theory" that justifies punishment The theory places careful . The idea behind this theory is to make the offender realize the suffering / pain. Because arguments against the death penalty find little traction from within punishment theory, ideas outside of punishment theory, such as ''dignity,'' ''decency,'' or ''civilization,'' provide better grounds for and conclude that the risks of punishment are too severe. 1.1 Retributive theory Retribution is the restoring of the legal balance caused by the crime Punishment is the payment of the account Retribution ≠vengeance (lex talionis)Extent of the punishment must be proportionate to the extent of the harm done or of the violation of the law. These three theories of punishment in criminal law have ... The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. Hampton's own theory builds on Joel Feinberg's work on the expressive function of punishment. Cesare Beccaria: The Origin of Punishment "No man ever freely sacrificed a portion of his personal liberty merely in 1. Retributive theories typically refer to the past crime as being the single event justifying intervention. What is Retributive Justice? - Definition & Examples ... This theory is based on the assumption that offenders are punished to prevent and discourage them from engaging in crimes in future. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. 3. As Raynor and Robinson (2009) note, this statement raises a number of issues. The issue of retributive punishment is the main focus in this paper and its choice for consideration is borne out the sudden interest of school teachers in Nigeria to this form of punishment. criminal punishment on moral grounds while at the same time having a criminal justice system that resonates with the very people to protect and serve whom it was created. punishment or puts into question that theory's ability to serve as a theory of punishment in general. These offender-facing theories seek to justify punishment solely on the basis of facts about a criminal offender, such as her behavior, mental states, and perceived level of dangerousness. if the ultimate in punishment is said not to deter. 601 (1978). These theories are known as 'Theories of Punishment' and are generally of five types: 1. [1] Macklin Fleming, Of Crimes and Rights, (1978)114. Although Kant is often regarded an extreme retributivist regarding judicial punishment, the need to deter crime also plays a significant role in his theory of criminal law. The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the . This type of punishment reflects the wild character of justice. punishment or puts into question that theory's ability to serve as a theory of punishment in general. The concept of punishment as retaliation or revenge is similar to the retributive concept in treating punishment as a form of recompense paid by the criminal, but differs in viewing punishment from the standpoint of the victim. 121-141, 151 -155. In terms of this study, the two Retributive Theory 4. that is retribution versus rehabilitation, conflict theory comes into play. This Article imagines the institution of punishment in the hip-hop nation. The Appeal of Retributive Justice. Retributivists aim to dispense punishment according to an offender's moral blameworthiness (as measured by . Garland confronts the greatest excesses of Foucault in 'Beyond the Power Perspective: A Critique of Foucault on Punishment', ibid., ch. many of the most familiar theories of punishment: deterrence, retribution, incapacitation, and rehabilitation. 7. The concept of punishment as retaliation or revenge is similar to the retributive concept in treating punishment as a form of recompense paid by the criminal, but differs in viewing punishment from the standpoint of the victim. While retribution focuses on the criminal's wrong, retaliation focuses two main types of theories of punishment dom-inate: utilitarian theory and retributive theory. Reformative Theory of Punishment. Retribution is basically the oldest theory of punishment. According to the retributive doctrine, an individual should be treated in the same way as he treats others. A retributive theory, on the other hand, sees the primary justification in the fact that an offence has been committed which deserves the punishment of the offender." As Kant argues in a famous passage: According to this theory, maximization of laws contributes to society's happiness. A more coherent theory emerges, however, if his argument is set in its historical context and compared with that of Grotius, Hobbes . For definitions and a general discussion of retribution, see, for example, Hugo Adam Bedau, Retribution and the Theory of Punishment, 75 J. PHIL. Retributive theories of punishment, otherwise known as absolute theories, work on the age-old notion of 'an eye for an eye', and in doing so, seek to correct upsets in legal balances that have come about as a result of a committed crime; making it one of the oldest approaches to criminal punishment in existence. These philosophical theories have in turn generated further theoretical discussions about punishment concerned with deterrence, retribution, incapacitation, rehabilitation, and In this lesson, we'll learn the meaning of retribution with a . Genuine protest reformation is purely that it isn't functioning. It supports that the principle of 'an eye for an eye and a tooth for a tooth' is necessary for natural justice. There is a school of retributive punishment theory that seeks to justify punishment by reference to the notion of balance. Punishment may not be revengeful always. Locke's theory of punishment initially appears to be a confused combination of retributive considerations that base punishment on desert and forward-looking considerations that base punishment on future benefits. 601 (1978). While retribution focuses on the criminal's wrong, retaliation focuses It argues that natural justice requires the concept of "an eye for an eye and a tooth for a tooth." The fundamental implication in punishment is that the perpetrator must suffer the repercussions of . It exasperates (irritate and frustrate intensely) the offender. utilitarianism and retributivism are the traditional punishment justifications). Retributive theory is the most ancient theory of justice. Kant thought that criminal punishments should be designed to match the victim's empirically . In other words, one group wants to define what deviance and crime actually is. 'backward-looking' retributive view. Drawbacks of the retributive theory of punishment. Desert refers to the demerit made by the offender which resulted in a crime, it can be said to be a three-way relationship between the person who deserved the punishment, what they deserve, and the virtue in which they deserve the punishment. 13 H.L.A. For retributive and deterrent purposes, the nature of the crime determines the type of punishment, while the personality of, the offender determines the type of treatment meant to rehabilitate. Conflict theory is the competition within society of different groups trying to gain majority control of society and its rules. Secondly, even if there were an otherwise acceptable retributive theory of punishment, we should have to reject it, for I believe that violence is justified only in self-defence against aggression, that is to say, against behaviour violating a constraint which one has a right to uphold in self-interest (as is •Earlier, legal sanctions grounded in vengeance and retaliation - revenge is justice gone wild. All justifications for punishment, indeed all justifications for anything, are forward- •found to be archaic, inhuman and barbaric - modern human rights philosophy condemns this cruel concept. 6. Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. Preventive Theory 4. As Raynor and Robinson (2009) note, this statement raises a number of issues. It is the theory described in the Old Testament as an eye for an eye and a tooth for a tooth. When this happened, justice was vindicated, not by the act of retributive punishment per se, but by the fact Theories of Punishment For safe, orderly, peaceful and prosperous society to exist and flourish - the following tools of theory are found to be good guides: 1. 6. There is no relief for the offence committed by the offender. Reformative theory is a response to the theory of dissuasion which has failed to take criminal welfare into consideration. primary in retribution and deterrence; the primary emphasis 'of rehabilitation being treatment. These assumptions are consistent and from them a comprehensive 'justice map' is drawn. Theories of Punishment For safe, orderly, peaceful and prosperous society to exist and flourish - the following tools of theory are found to be good guides: 1. Because arguments against the death penalty find little traction from within punishment theory, ideas outside of punishment theory, such as ''dignity,'' ''decency,'' or ''civilization,'' provide better grounds for 1 a particularly interesting paradigm … The basic principle of this theory is that the offender must receive as much pain and suffering as inflicted by him on his victim and thereby restore the social balance disturbed by the acts of the criminal. Proponents of this theory advocate just deserts, which defines justice in terms of fairness and proportionality. Feinberg The theories of deterrence, prevention and reformation It is this that has deposited a desire to examine the role of deterrence and retribution in sentencing in South African courts. the educational situation in Nigeria. The Humanitarian theory removes from Punishment the concept of Desert. According to Sir John Salmond the retributive purpose of punishment consist in avenging the wrong done by the criminal to society. Retribution is perhaps the most intuitive — and the most questionable — aim of punishment in the criminal law. Module 7: Punishment—Retribution, Rehabilitation, and Deterrence Introduction Thus far we have examined issues of vice in American law and asked if they should or . with both retributive and utilitarian theories of punishment. 71-77. Philosophy- the theory therefore emphasizes that the pain to be inflicted on the offender by way of punishment must outweigh the pleasure derived by him from his criminal act. The retributive theory of punishment has two principles, desert and proportionality. Retributive Theory: According to the retributive theory the purpose of punishment is to seek revenge. of judicial or divine retribution. In terms of this study, the two Deterrent Theory 2. 5. The article is concerned with punishment as retribution. to punish a person?1 As etymology assures us, retribution involves the idea of someone's paying something back to someone else. Deterrent Theory 2. In the retributivist theory of punishment, the punishment is seen as a form of 'payback' for the crimes one has committed. The objective of reform or rehabilitation is to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this' (Hudson, 2003: 26). punishment. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. In the 1980s, a new form of retribution theory occurred and was known as "just deserts" (Banks, 2013). aims of punishment-but none can, on its own, morally justify punishment.3 Only retribution, a concept consistently misunderstood or entirely forgotten during the time I practiced criminal law, justifies punishing criminals. But we can already see that in some ways the terms are misleading. The specific retributive theories considered claim that punishment is justified because KANT AND AQUINAS ON RETRIBUTIVE PUNISHMENT 321 of just or unjust actions. The retributive theory of punishment follows that punishment is used as a means of retributive justice. The theory of retribution requires that there be a proportional relationship between the punishment imposed and the harm caused. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. The theory of retribution falls under the absolute theory of punishment. Expiation Theory Hip-hop can be used to inform a theory of punishment that is coherent, enhances public safety, and treats every human being with respect. Theories of punishment can be divided into two general philosophies: utilitarian and retributive. Nonetheless, we argue that it is fatally flawed. Multiple Approach Theory PDF Tools Share Abstract Retribution is a theory of punishment founded on the belief that those who commit crimes should be punished, and that the severity of the punishment should be proportional to the crime committed. My aim in this paper is to present retribution as the morally justifying aim of punishment. The appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it provides a better account of when punishment is justifiable than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. This theory is appraised by the rule of natural justice which is expressed by the maxim- eye for an eye and tooth for tooth. Secondly, even if there were an otherwise acceptable retributive theory of punishment, we should have to reject it, for I believe that violence is justified only in self-defence against aggression, that is to say, against behaviour violating a constraint which one has a right to uphold in self-interest (as is 12 N. Lacey, State Punishment: Political Principles and Community Values, London, 1994, pp. punishment. Image Source . The advocates of this theory plead that the criminal deserve to suffer. The reason is this. And Retribution means that punishment is justified because it is X's just desert. So retributive punishment must embody the idea of something being paid back to the offender (or by the offender, or both)-some- thing akin to what the crime did to its victim(s). 1. Instead, she argues that retributive punishment has a specific justifying telos.3 Thus Hampton's theory of punishment presents a different kind of challenge to non-retributivists. Retribution. The paper contends that retributive punishment is often invoked among different forms of punishment used when PDF 2021 - ISBN: 0367698102 - A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State (Routledge Research in Legal Philosophy) by Matthew C. Altman, 310 pages # 43495 2021 | English | PDF | 2 MB . Retributive Theory of punishment. objections to the utilitarian theory. There are two main justifications of punishment: Retribution and Reductivism. Failing to do so would undermine the very jus-tifiability of imposing criminal punishment in a liberal democracy. PDF 2021 - ISBN 9780367698102 - Routledge Research in Legal Philosophy - 1st Edition A Theory of Legal Punishment Deterrence, Retribution, and the Aims of the State By Matthew C. Altman, 310 Pages # 43897 For definitions and a general discussion of retribution, see, for example, Hugo Adam Bedau, Retribution and the Theory of Punishment, 75 J. PHIL. A number of reasonable assumptions concerning the punishment of criminals as well as the punishment of innocent individuals are made. The retributive theory of punishment was based on the expression lex talionis — 'an eye for an eye, a tooth for a tooth, a life for a life' (Exodus 21:23-25). Multiple Approach Theory RETRIBUTIVE THEORY • ^Tooth for Tooth, Eye for Eye, Limb for Limb and Nail for Nail - principle of this theory. Reformative Theory. The Humanitarian Theory of Punishment My contention is that this doctrine, merciful though it appears, really means that each one of us, from the moment he breaks the law, is deprived of the rights of a human being. Retributive justice is a criminal justice theory that has historical roots, with references to it that go far back into ancient times. contend that there is a deterrent effect enveloped in retributive punishment. THE RETRIBUTIVIST BASES THE THEORY OF PUNISHMENT ON THE BELIEF THAT AN OFFENDER DESERVES TO RECEIVE SUFFERING THAT MATCHES THE SEVERITY OF THE CRIME COMMITTED. (Utilitarian theory is discussed more fully in Chapter 9.) Deterrence and retributive are examples of classical and non-classical philosophies. A more coherent theory emerges, however, if his argument is set in its historical context and compared with that of Grotius, Hobbes . But the concept of Desert is This work therefore essentially confines itself to the practice 1 "Criminal justice and penology" ( 1980) SACC 296 i This is the argument that retribution is given to mitigate criminality and used as a way to an end of that utilitarian one. Retributive Theory 4. 6 Indeed, Garland stresses that the penal theory contained within Bentham's IPML (CW) is a vision of a) Retributive theory of Punishment b) Preventive Theory of punishment c) The theory of Expiation d) Reformative theory 19) The Retributive theory of Punishment is based on the principle of a) Eye for an Eye b) Vengeance against the wrongdoer c) Assuaging the angry sentiments of the victim & society d) all of the above Garland, Punishment and Modern Society: A Study in Social Theory, Oxford, 1990, p. 146. Preventive Theory 3. The retributive theory seeks to punish offenders because they deserve to be punished. that is retribution versus rehabilitation, conflict theory comes into play. punishment Whenever, the court awards a punishment there is a theory or proposition on the basis of which it passes its Judgment. the theory of retributivism is described by the stanford encyclo- pedia of philosophy as a concept of justice espousing that those who commit crimes are morally deserving of proportional punishment, that this punishment is an intrinsic moral good, and that it is morally impermissible to punish the innocent. Hart, Punishment and Responsibility, New York, 1968, pp. In contrast to the requirements of morality, whether a man pays his debt from reverence for the law or from fear of punishment should make no difference to the state. A healthy criminal justice system would be one which relies not on one particular theory but a healthy mix of all the theories of punishment. Utilitarian theory of punishment. Conflict theory is the competition within society of different groups trying to gain majority control of society and its rules. Locke's theory of punishment initially appears to be a confused combination of retributive considerations that base punishment on desert and forward-looking considerations that base punishment on future benefits. In fact, to force someone to adopt justice as his motive is itself unjust, since it interferes The objective of reform or rehabilitation is to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this' (Hudson, 2003: 26). Reformative Theory 3. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. 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retribution theory of punishment pdf

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Retributive Theory 5. (PDF) Deterrence and Retribution: A Comparative Discussion ... Kant's special way of combining deterrence and retribution, however, must be distinguished from others that are less plausible. This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. The punishment served simultaneously to dramatize the catastrophic consequences of evil deeds and to "purge the evil from Israel" (Deuteronomy 17:12). Expiatory Theory 6. The justification behind punishment is that the offender simply deserved to be punished. One problem with deterrence theory is that it assumes that human beings are rational sasha82 This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. In other words, one group wants to define what deviance and crime actually is. Retributive Theory of punishment. Several implications concerning justice are derived and there is an analysis as to where slack in the pursuit of . The Retributive Theory of Punishment, or the 'Theory of Vengeance', as many people in the society would perceive it as, is the most basic, yet inconsiderate theory of inflicting a penal sentence over a perpetrator. Reformative Theory 5. On the contrary, I will argue there are very different senses in which . [2] Jeremy Bentham, The Theory of Legislation, (1995), 209. A discussion of retribution as not only a matter of desert but of equal treatment under the law is provided in T. By "retribution" I mean a goal of punishment that involves making the guilty pris-oner suffer for the sake of suffering. It is viewed as a way of getting even with the offender. Reformative Theory 5. Until the 1970s, the idea of retribution as a justification for punishment was considered to be vengeful. Expiatory Theory 6. As a top-selling genre of music in the United States, hip-hop already has had a significant social impact. Deterrent Theory 2. PDF A Distributive Theory of Criminal Law Ching 1 DETERRRENCE AND RETRIBUTION A Comparative Discussion on Bentham and Kant's Theories on Punishment Anson Ching For Dr. Samuel LaSelva POLITICAL SCIENCE 347A Law and Political Theory: 2015-2016 UNIVERSITY OF BRITISH COLUMBIA Ching 2 INTRODUCTION Punishment, as a response to bad behaviour,1 is integral to understanding Law as it is the "subsidiary" instrument that activates when obedience . By "retribution" I mean a goal of punishment that involves making the guilty pris-oner suffer for the sake of suffering. Different Theories of Punishment under IPC - Law Corner Indeed, the point of our initial article on this topic is that either type of theory would be improved Different Theories of Punishment under IPC - Law Insider India PDF absolute theory and relative theories retribution falls ... Hart draws the contrast in these very terms in 'Punishment and the Elimination of Responsibility' (chapter 7, at p. 160). Quite contrary to the idea of rehabilitation and distinct from the utilitarian purposes of restraint and deterrence, the purpose of retribution is actively to injure criminal offenders, ideally in proportion with their injuries to society, and so expiate them of guilt. Preventive Theory 3. the retributive theory of punishment The retributive theory considers that a person should be dealt with the manner in which he deals with others. PDF Capital Punishment: A comparative study It is a very important feature of our criminal justice system. PDF Theories of Punishment and Punishment under IPC Of the various theories of punishment the following there are the most important and typical Retributive, preventive and reformative. This is part of the logic behind "three strikes," and "truth in sentencing" policies, to utilize the threat of very severe sentences in order to deter some persons from engaging in criminal behavior. See Michael S. Moore, The Moral Worth of Retribution, in RESPONSIBILITY, CHARACTER, AND THE EMOTIONS 179, 179 (Ferdinand Schoeman ed., 1988) [hereinafter Moral Worth] (commenting that retributivism is a "straightforward theory" that justifies punishment The theory places careful . The idea behind this theory is to make the offender realize the suffering / pain. Because arguments against the death penalty find little traction from within punishment theory, ideas outside of punishment theory, such as ''dignity,'' ''decency,'' or ''civilization,'' provide better grounds for and conclude that the risks of punishment are too severe. 1.1 Retributive theory Retribution is the restoring of the legal balance caused by the crime Punishment is the payment of the account Retribution ≠vengeance (lex talionis)Extent of the punishment must be proportionate to the extent of the harm done or of the violation of the law. These three theories of punishment in criminal law have ... The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. Hampton's own theory builds on Joel Feinberg's work on the expressive function of punishment. Cesare Beccaria: The Origin of Punishment "No man ever freely sacrificed a portion of his personal liberty merely in 1. Retributive theories typically refer to the past crime as being the single event justifying intervention. What is Retributive Justice? - Definition & Examples ... This theory is based on the assumption that offenders are punished to prevent and discourage them from engaging in crimes in future. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. 3. As Raynor and Robinson (2009) note, this statement raises a number of issues. The issue of retributive punishment is the main focus in this paper and its choice for consideration is borne out the sudden interest of school teachers in Nigeria to this form of punishment. criminal punishment on moral grounds while at the same time having a criminal justice system that resonates with the very people to protect and serve whom it was created. punishment or puts into question that theory's ability to serve as a theory of punishment in general. These offender-facing theories seek to justify punishment solely on the basis of facts about a criminal offender, such as her behavior, mental states, and perceived level of dangerousness. if the ultimate in punishment is said not to deter. 601 (1978). These theories are known as 'Theories of Punishment' and are generally of five types: 1. [1] Macklin Fleming, Of Crimes and Rights, (1978)114. Although Kant is often regarded an extreme retributivist regarding judicial punishment, the need to deter crime also plays a significant role in his theory of criminal law. The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the . This type of punishment reflects the wild character of justice. punishment or puts into question that theory's ability to serve as a theory of punishment in general. The concept of punishment as retaliation or revenge is similar to the retributive concept in treating punishment as a form of recompense paid by the criminal, but differs in viewing punishment from the standpoint of the victim. 121-141, 151 -155. In terms of this study, the two Retributive Theory 4. that is retribution versus rehabilitation, conflict theory comes into play. This Article imagines the institution of punishment in the hip-hop nation. The Appeal of Retributive Justice. Retributivists aim to dispense punishment according to an offender's moral blameworthiness (as measured by . Garland confronts the greatest excesses of Foucault in 'Beyond the Power Perspective: A Critique of Foucault on Punishment', ibid., ch. many of the most familiar theories of punishment: deterrence, retribution, incapacitation, and rehabilitation. 7. The concept of punishment as retaliation or revenge is similar to the retributive concept in treating punishment as a form of recompense paid by the criminal, but differs in viewing punishment from the standpoint of the victim. While retribution focuses on the criminal's wrong, retaliation focuses two main types of theories of punishment dom-inate: utilitarian theory and retributive theory. Reformative Theory of Punishment. Retribution is basically the oldest theory of punishment. According to the retributive doctrine, an individual should be treated in the same way as he treats others. A retributive theory, on the other hand, sees the primary justification in the fact that an offence has been committed which deserves the punishment of the offender." As Kant argues in a famous passage: According to this theory, maximization of laws contributes to society's happiness. A more coherent theory emerges, however, if his argument is set in its historical context and compared with that of Grotius, Hobbes . For definitions and a general discussion of retribution, see, for example, Hugo Adam Bedau, Retribution and the Theory of Punishment, 75 J. PHIL. Retributive theories of punishment, otherwise known as absolute theories, work on the age-old notion of 'an eye for an eye', and in doing so, seek to correct upsets in legal balances that have come about as a result of a committed crime; making it one of the oldest approaches to criminal punishment in existence. These philosophical theories have in turn generated further theoretical discussions about punishment concerned with deterrence, retribution, incapacitation, rehabilitation, and In this lesson, we'll learn the meaning of retribution with a . Genuine protest reformation is purely that it isn't functioning. It supports that the principle of 'an eye for an eye and a tooth for a tooth' is necessary for natural justice. There is a school of retributive punishment theory that seeks to justify punishment by reference to the notion of balance. Punishment may not be revengeful always. Locke's theory of punishment initially appears to be a confused combination of retributive considerations that base punishment on desert and forward-looking considerations that base punishment on future benefits. 601 (1978). While retribution focuses on the criminal's wrong, retaliation focuses It argues that natural justice requires the concept of "an eye for an eye and a tooth for a tooth." The fundamental implication in punishment is that the perpetrator must suffer the repercussions of . It exasperates (irritate and frustrate intensely) the offender. utilitarianism and retributivism are the traditional punishment justifications). Retributive theory is the most ancient theory of justice. Kant thought that criminal punishments should be designed to match the victim's empirically . In other words, one group wants to define what deviance and crime actually is. 'backward-looking' retributive view. Drawbacks of the retributive theory of punishment. Desert refers to the demerit made by the offender which resulted in a crime, it can be said to be a three-way relationship between the person who deserved the punishment, what they deserve, and the virtue in which they deserve the punishment. 13 H.L.A. For retributive and deterrent purposes, the nature of the crime determines the type of punishment, while the personality of, the offender determines the type of treatment meant to rehabilitate. Conflict theory is the competition within society of different groups trying to gain majority control of society and its rules. Secondly, even if there were an otherwise acceptable retributive theory of punishment, we should have to reject it, for I believe that violence is justified only in self-defence against aggression, that is to say, against behaviour violating a constraint which one has a right to uphold in self-interest (as is •Earlier, legal sanctions grounded in vengeance and retaliation - revenge is justice gone wild. All justifications for punishment, indeed all justifications for anything, are forward- •found to be archaic, inhuman and barbaric - modern human rights philosophy condemns this cruel concept. 6. Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. Preventive Theory 4. As Raynor and Robinson (2009) note, this statement raises a number of issues. It is the theory described in the Old Testament as an eye for an eye and a tooth for a tooth. When this happened, justice was vindicated, not by the act of retributive punishment per se, but by the fact Theories of Punishment For safe, orderly, peaceful and prosperous society to exist and flourish - the following tools of theory are found to be good guides: 1. 6. There is no relief for the offence committed by the offender. Reformative theory is a response to the theory of dissuasion which has failed to take criminal welfare into consideration. primary in retribution and deterrence; the primary emphasis 'of rehabilitation being treatment. These assumptions are consistent and from them a comprehensive 'justice map' is drawn. Theories of Punishment For safe, orderly, peaceful and prosperous society to exist and flourish - the following tools of theory are found to be good guides: 1. Because arguments against the death penalty find little traction from within punishment theory, ideas outside of punishment theory, such as ''dignity,'' ''decency,'' or ''civilization,'' provide better grounds for 1 a particularly interesting paradigm … The basic principle of this theory is that the offender must receive as much pain and suffering as inflicted by him on his victim and thereby restore the social balance disturbed by the acts of the criminal. Proponents of this theory advocate just deserts, which defines justice in terms of fairness and proportionality. Feinberg The theories of deterrence, prevention and reformation It is this that has deposited a desire to examine the role of deterrence and retribution in sentencing in South African courts. the educational situation in Nigeria. The Humanitarian theory removes from Punishment the concept of Desert. According to Sir John Salmond the retributive purpose of punishment consist in avenging the wrong done by the criminal to society. Retribution is perhaps the most intuitive — and the most questionable — aim of punishment in the criminal law. Module 7: Punishment—Retribution, Rehabilitation, and Deterrence Introduction Thus far we have examined issues of vice in American law and asked if they should or . with both retributive and utilitarian theories of punishment. 71-77. Philosophy- the theory therefore emphasizes that the pain to be inflicted on the offender by way of punishment must outweigh the pleasure derived by him from his criminal act. The retributive theory of punishment has two principles, desert and proportionality. Retributive Theory: According to the retributive theory the purpose of punishment is to seek revenge. of judicial or divine retribution. In terms of this study, the two Deterrent Theory 2. 5. The article is concerned with punishment as retribution. to punish a person?1 As etymology assures us, retribution involves the idea of someone's paying something back to someone else. Deterrent Theory 2. In the retributivist theory of punishment, the punishment is seen as a form of 'payback' for the crimes one has committed. The objective of reform or rehabilitation is to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this' (Hudson, 2003: 26). punishment. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. In the 1980s, a new form of retribution theory occurred and was known as "just deserts" (Banks, 2013). aims of punishment-but none can, on its own, morally justify punishment.3 Only retribution, a concept consistently misunderstood or entirely forgotten during the time I practiced criminal law, justifies punishing criminals. But we can already see that in some ways the terms are misleading. The specific retributive theories considered claim that punishment is justified because KANT AND AQUINAS ON RETRIBUTIVE PUNISHMENT 321 of just or unjust actions. The retributive theory of punishment follows that punishment is used as a means of retributive justice. The theory of retribution requires that there be a proportional relationship between the punishment imposed and the harm caused. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. The theory of retribution falls under the absolute theory of punishment. Expiation Theory Hip-hop can be used to inform a theory of punishment that is coherent, enhances public safety, and treats every human being with respect. Theories of punishment can be divided into two general philosophies: utilitarian and retributive. Nonetheless, we argue that it is fatally flawed. Multiple Approach Theory PDF Tools Share Abstract Retribution is a theory of punishment founded on the belief that those who commit crimes should be punished, and that the severity of the punishment should be proportional to the crime committed. My aim in this paper is to present retribution as the morally justifying aim of punishment. The appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it provides a better account of when punishment is justifiable than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. This theory is appraised by the rule of natural justice which is expressed by the maxim- eye for an eye and tooth for tooth. Secondly, even if there were an otherwise acceptable retributive theory of punishment, we should have to reject it, for I believe that violence is justified only in self-defence against aggression, that is to say, against behaviour violating a constraint which one has a right to uphold in self-interest (as is 12 N. Lacey, State Punishment: Political Principles and Community Values, London, 1994, pp. punishment. Image Source . The advocates of this theory plead that the criminal deserve to suffer. The reason is this. And Retribution means that punishment is justified because it is X's just desert. So retributive punishment must embody the idea of something being paid back to the offender (or by the offender, or both)-some- thing akin to what the crime did to its victim(s). 1. Instead, she argues that retributive punishment has a specific justifying telos.3 Thus Hampton's theory of punishment presents a different kind of challenge to non-retributivists. Retribution. The paper contends that retributive punishment is often invoked among different forms of punishment used when PDF 2021 - ISBN: 0367698102 - A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State (Routledge Research in Legal Philosophy) by Matthew C. Altman, 310 pages # 43495 2021 | English | PDF | 2 MB . Retributive Theory of punishment. objections to the utilitarian theory. There are two main justifications of punishment: Retribution and Reductivism. Failing to do so would undermine the very jus-tifiability of imposing criminal punishment in a liberal democracy. PDF 2021 - ISBN 9780367698102 - Routledge Research in Legal Philosophy - 1st Edition A Theory of Legal Punishment Deterrence, Retribution, and the Aims of the State By Matthew C. Altman, 310 Pages # 43897 For definitions and a general discussion of retribution, see, for example, Hugo Adam Bedau, Retribution and the Theory of Punishment, 75 J. PHIL. A number of reasonable assumptions concerning the punishment of criminals as well as the punishment of innocent individuals are made. The retributive theory of punishment was based on the expression lex talionis — 'an eye for an eye, a tooth for a tooth, a life for a life' (Exodus 21:23-25). Multiple Approach Theory RETRIBUTIVE THEORY • ^Tooth for Tooth, Eye for Eye, Limb for Limb and Nail for Nail - principle of this theory. Reformative Theory. The Humanitarian Theory of Punishment My contention is that this doctrine, merciful though it appears, really means that each one of us, from the moment he breaks the law, is deprived of the rights of a human being. Retributive justice is a criminal justice theory that has historical roots, with references to it that go far back into ancient times. contend that there is a deterrent effect enveloped in retributive punishment. THE RETRIBUTIVIST BASES THE THEORY OF PUNISHMENT ON THE BELIEF THAT AN OFFENDER DESERVES TO RECEIVE SUFFERING THAT MATCHES THE SEVERITY OF THE CRIME COMMITTED. (Utilitarian theory is discussed more fully in Chapter 9.) Deterrence and retributive are examples of classical and non-classical philosophies. A more coherent theory emerges, however, if his argument is set in its historical context and compared with that of Grotius, Hobbes . But the concept of Desert is This work therefore essentially confines itself to the practice 1 "Criminal justice and penology" ( 1980) SACC 296 i This is the argument that retribution is given to mitigate criminality and used as a way to an end of that utilitarian one. Retributive Theory 4. 6 Indeed, Garland stresses that the penal theory contained within Bentham's IPML (CW) is a vision of a) Retributive theory of Punishment b) Preventive Theory of punishment c) The theory of Expiation d) Reformative theory 19) The Retributive theory of Punishment is based on the principle of a) Eye for an Eye b) Vengeance against the wrongdoer c) Assuaging the angry sentiments of the victim & society d) all of the above Garland, Punishment and Modern Society: A Study in Social Theory, Oxford, 1990, p. 146. Preventive Theory 3. The retributive theory seeks to punish offenders because they deserve to be punished. that is retribution versus rehabilitation, conflict theory comes into play. punishment Whenever, the court awards a punishment there is a theory or proposition on the basis of which it passes its Judgment. the theory of retributivism is described by the stanford encyclo- pedia of philosophy as a concept of justice espousing that those who commit crimes are morally deserving of proportional punishment, that this punishment is an intrinsic moral good, and that it is morally impermissible to punish the innocent. Hart, Punishment and Responsibility, New York, 1968, pp. In contrast to the requirements of morality, whether a man pays his debt from reverence for the law or from fear of punishment should make no difference to the state. A healthy criminal justice system would be one which relies not on one particular theory but a healthy mix of all the theories of punishment. Utilitarian theory of punishment. Conflict theory is the competition within society of different groups trying to gain majority control of society and its rules. Locke's theory of punishment initially appears to be a confused combination of retributive considerations that base punishment on desert and forward-looking considerations that base punishment on future benefits. In fact, to force someone to adopt justice as his motive is itself unjust, since it interferes The objective of reform or rehabilitation is to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this' (Hudson, 2003: 26). Reformative Theory 3. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. 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retribution theory of punishment pdf