A strait-laced purely retributive theory of punishment is as unsatisfactory as a purely consequentialist theory with its counter-intuitive conclusions (especially as regards punishing the innocent). [18], In 1975, consequentalist ideas were dominant in the English-speaking countries for a century. For punishment to be meted out, a person must be found guilty. The punishment meted out should remove the unlawful and unfair advantage. Id. [11], One view of retributuivism put forward by Hegel in early nineteenth century saw the idea of punishment to cancel, negate or annul the offender’s crime. The recent Delhi rape case where an increased demand for the rapists to be hanged was made inspite of our court system allowing for death penalty in very select cases and that too in the ‘rarest of the rare’ case threw up the debate regarding the system of punishment which should be followed in such cases. Punishing criminals for their crimes reminds others in society that such conduct is not appropriate for law-abiding citizens, and the offenders themselves … T&F logo. Here is your speech on the Retributive Theory of Punishment. In the retributive theory, the punishment awarded is an end in itself in comparison to the forms of punishment in the utilitarian theory where the punishment is a means to is means to an end hence the success is not definite unlike in the retributive theory. This approach helped the people of South Africa to achieve a sort of compromise without which the consequences of a full-fledged criminal process would have led to further racial divide already prevalent in the country. Deterrence. The issue of punishment of criminals has been a well debated topic for societies since time immemorial. Retributive theories generally maintain, as did the Italian criminologist Cesare Beccaria (1738–94), that the severity of a punishment should be proportionate to the gravity of the offense. Nations have varying laws on subjects like prostitution, drug use etc. Deterrence theory views punishment … But by punishing the criminal, the status quo ante crime is restored. 1. What are the demerits of the retributive theory of punishment? Also, the idea of making an example out of an offender runs counter to the proportional punishment which has been long championed by retributivists. Punishment for crimes are decided according to the impact they will have in our society. Governments apply several theories to support the use of punishment so that the society maintains law and order. The appeal of retributive justice as a theory of punishment restsin part on direct intuitive support, in part on the claim that it isbetter than alternative accounts of punishment, and in part onarguments tying it to deeper moral principles. Retribution means giving offenders the punishment they deserve. Some might not have functioning minds, but others may lack the relevant capacity as well. Reteibutive punishment vindicates “the value of victim denied by the wrongdoer’s action through the construction of an event that not only repudiates the action’s message of superiority over the victim but does so in a way that confirms them as equal.”[13] In this way punishment “can annul the message, sent by the crime, that they are not equal in value”. Retributive punishment removes that advantage and tries to restore balance to society by validating how individuals ought to act in society. The requirement of desert required to punish crimes has in itself some difficulties. According to Kant and other retributivists, the guilty deserve punishment; punishment is their just desert. Also, such proportional punishment gives a sort of protection against severe and disporoportional punishments for crimes. It is based on the old philosophy of “an eye for an eye, a tooth for a tooth”. That is, because of their lack of experiential capacity, corporations cannot be given their “just deserts.” But people can also lack experiential capacity for punishment. Purpose:social instinct of revenge It is a primitive theory. In the opinion of Hart, punishment should not be for sake of denunciation alone but a deserved punishment does serve as a denunciation. The very nature of morality being subjective makes it difficult to deliver punishments for crimes. 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. Restorative justice is not retributive justice. [8]  John Cottingham, ‘Varieties of Retribution’, Philosophical Quarterly 29 [1979], pp. Sometimes viewed as a way of "getting even" with a wrongdoer—the suffering of the wrongdoer is seen as a desired goal in itself, even if it has no restorative benefits for the victim. Many scholars believe that the idea of proportionality should only prescribe maximum sentences possible in the cases. He is the former non-executive chairman of the NASDAQ stock market, and [7] If a thief intends to steal money from someone, he is morally responsible for the same. Article shared by. What is the philosophy behind retributive theory? Retributive is impartial and neutral as it. 30. A society has its citizens adhering to very different conceptions of good and bad. It was an act of private defence. Imagine a person … However, this theory has been criticized because unlike retributvism, it punishes offenders before they have even committed a crime. This theory is based on the basic principle “an eye for an eye” which in simple terms means that the offender must suffer the same as the victim. The degree of desert and the proportion of punishment needs to be in balance. Also, this theory signifies that no person shall be arrested unless that person has broken the law. Hence, according to Retributivists it would be bad to offer a more severe punishment than needed. For some, using drugs is a matter of personal liberty while for some it is seen to be an reprehensible act. [12] In this view, the criminal rejects the victim’s rights while committing a crime. References: In some respects, punished individuals undergo a restricted form of rehabilitation. Restorative system: In this system, instead of any punishment being meted out, the victim, offender and the community participate together in a process of restitution. Pages 33. eBook ISBN 9780203094853. Unlike the theory of deterrence and the preventive theory, the retributive theory is a retrospective theory, it looks back. Unlike the theory of deterrence and the preventive theory, the retributive theory is a retrospective theory, it looks back. It is quite possible that the criminal is as much a victim of circumstances as the victim himself might have been. Edition 1st Edition. In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was left to the individuals wronged (or to their families). A moral satisfaction is obtained from the punishment which is given importance, as punishment is seen as “payback” as Retributivists believe that the criminals deserve the punishment they receive. In other words, if someone harms another person or society, the person who inflicted that wrong should endure harm of their own. But even the liberal form of the retributive theory is not satisfactory. [28] Several other writers have proposed flexible retributive limits on different grounds. This would end the society into a dangerous state. ! Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 25. [10] The criminals are seen to be free-riders on the law-abiding community. For punishment to be meted out, the accused should and must be found guilty. According to Hart,7 a retributive theory of punishment involves, at a minimum, three tenets (231): R1: A person may be punished if and only if he has voluntarily done something wrong. Example sentences with "retributive theory of punishment", translation memory. A bloody war is more acceptable than avoiding it through injustice. Utilitarian theory of punishment. Most criminal proceeding was initiated by injured person and not by the state. Retributive Theory This theory is based on the basic principle “ an eye for an eye” which in simple terms means that the offender must suffer the same as the victim. On this latter theory, if a certain sort of behavior is morally wrong, that is a prima facie reason to criminalize it (although other factors may ultimately bar criminalization); if behavior is not morally wrong that is a very good reason not to criminalize it (for no retributive justice is achieved by the punishment of those who do good or at least do no wrong). The broad theories of punishment are divided into consequentalist and retributivist theories. Officials in the United States were allowed broad discretions to individualize sentences. The retributive philosophy seeks to punish the offender as they deserve to be punished for the crime they have committed not because crime has to be stopped or prevented. Third, does this illuminate something about retributive theory in the individual context? According to the rigorist retributive theory the criminal should be punished severely for a serious crime. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 10. The offender takes complete responsibility for the crime and initiates restitution to the victim. Punishment could be lengthened arbitrarily or even shortened. [16], Retributivist theory emphasizes the need of proportionality of the punishment to the desert. Deterrence Theory: Punishment is used to deter people from committing a crime. 28. If the public does not believe that punishment is consistent for every offense of a certain crime then, even with notice, the potential punishment may not deter an individual from committing a crime. Critical analysis of theories of punishment, https://www.lawctopus.com/academike/retributive-theory-of-punishment-a-critical-analysis/, http://www.legalserviceindia.com/articles/pun_theo.htm, http://jsslawcollege.in/wp-content/uploads/2013/05/critical-analysis-of-theories-of-punishment1.pdf, https://plato.stanford.edu/entries/justice-retributive/, Principles of Criminal Liability- Individual and Joint Liability, Constructive liability- A comparative study in different jurisdictions, No proceedings to be held under the Anti-Conversion Ordinance against convicted persons: Additional Attorney General notifies Allahabad HC, Calcutta HC: Father-Son relationship does not have fundamental right Over deceased son sperm, CJI Bobde defends the controversial committee formed by the SC, Protection for new owners, threshold for Homebuyers: SC upholds changes in IBC, Plea on denial of information on Aarogya Setu creation: Delhi HC asks for Centre’s Response, Punjab & Haryana HC observed that findings of higher or coordinate bench while rejecting a plea must be seriously considered by court hearing Similar Plea, PIL filed in the Jharkhand HC demanding Panchayat Elections, Petition in SC for appointment of more Judges, around 3.5 cr. In this case, A is only causally and not morally responsible for the death of B. An essential ingredient of “a certain expressive function: punishment is a conventional device for the expression of atitudes of resentment and indignation, and of judgments of disapproval and reprobation, on the part either of the punishing authority itself or of those ‘in whose name’ the punishment is inflicted”[4]. 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. Instead of restitution where the wrongdoes repays the society what he gained from the crime, but such a punishment is flawed. The law of punishment is a categorical imperative, and woe to him who crawls through the windings of eudai monism in order to discover something that releases the criminal from punishment or even reduces its amount by the advantage it promises, Matravers 2000:4 n 4, [6] R.A.Duff and Stuart P.Green, ‘Introduction: The Special Part and Its Problems’ in Defining Crimes: Essays on the Special Part of the Criminal Law (OxfordL Oxford University Press, 2005): 1-20. [18] Tom Elis, ‘Principles of Retribution’ (Debates in criminal justice 2010) accessed 15 Nov 2013, [20] Sir James Stephen, A History of the Cirmnal Law of England (1st, MacMillan, London 1883) 81-82, [22] Dhananjoy Chatterjee v State of West Bengal 1994 SCR (1) 37, [23] Robinson, Distributive Principles of Criminal Law, 1, [24] Douglas Husak, ‘Malum Prohibitum and Retribution’ in RA Duff and Stuart P Green, Defining Crimes, 66 n 8, [25] K.G.Armstrong, ‘The Retributivist Hits Back’ [1961] Mind, New Series 33, [26] Sanjoy Mazumder, ‘India and the death penalty’ (BBC News 2005) accessed 16 Nov 2013, [27] George P Fletcher, ‘The Place of Victims in the theory of Retribution’ [199] Buffalo Criminal Law review , 51, [28] Norval Morris, The Future of Imprisonment (1974) 83-119. Moreover, the retributive theory of justice is intuitive and resonates with many moral attitudes widespread in our societies, such as the respect for agency and free will. All legal systems recognize the need of punishment in response to crimes. According to Hart,7 a retributive theory of punishment involves, at a minimum, three tenets (231): R1: A person may be punished if and only if he has voluntarily done something wrong. Retributivists have not given guidelines or principles which makes it more moral than legal. Sir Salmond has stated that the retributive purpose of punishment consists of avenging the wrong done by the criminal to the society. DOI link for — The Retributive Theory of Punishment — The Retributive Theory of Punishment book. The decision to forgive has multifaceted explanations. The Appeal of Retributive Justice. The weightage given to proportionality in the retributive system of justice carries with itself several advantages and disadvantages. Unlike deterrence theory, an innocent can never be punished. Punishment can be said to be an important tool to maintain a socio-economic-legal balance in the society and to ensure the peaceful environment amidst the citizens. Lawmakers and judges may hope for beneficial utilitarian consequences from criminal punishment, but they must never punish criminals for the sake of such For example, a overspeeding driver on an empty road cannot be said to be doing anything immoral although overspeeding constitutes an illegal act. Moreover, critics of retributive justice argue that the principle is rigid in its singular focus on the offence, thus overlooking other circumstances around the crime. the theory of punishment which is assumed prior to reflection is a retribu- tive theory. The various forms of retributivist philosophy like payback, annulment will also be discussed. Herbert Hart defined retributivism as ‘the application of the pains of punishment to an offender who is morally guilty’. Under this theory, offenders are punished for criminal behavior because they deserve punishment. [6] . Such a doctrine was advocated by early Italian criminologist Cesare Beccaria who viewed the harsh punishments of his day as being disproportionate to many of the crimes committed. It is based on a very small doctrine, namely the doctrine of Lex talionis, which if translated, means ‘an eye for an eye’. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved, The Retributive Theory of Punishment: A Brief. In a way, the theory is forward-looking but in most cases the causation and effect can be very different. Criticism Punishment is regarded as method of protecting society because social wel… Retributive Theory Deterrent Theory Preventive Theory Expiatory Theory Reformative Theory 1. This view was taken forward by Hampton who said that by the very act of commission of crime, the criminal fails to respect the victim’s value as a human being. 29. The critics of the retributive theory claim that the theory is more of a moral philosophy than a legal one, it is incomplete, the Retributivists do not describe the theory in a legal, real manner. Jensen, supra note 7, at 12. The very question of setting a common moral standard seems every bit fair since it involves asserting one’s view over others. [8] Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. 1. Another problem for utilitarian theorists is that, for the theory to work properly, other factors such as moral culpability or remorse cannot be weighed in determining punishment. The retributive theory of punishment holds that punishment is justified by the moral requirement that the guilty make amends for the harm they have caused to society. The theory of retributive justice states that if a person breaks the law, they should suffer in return. But in several cases, the victim’s relation to the accused is pivotal because of the effect that the punishment can have on the relation can be damaging. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards. We are team members of Law Times Journal. Want to become a writer at Law Times Journal? In this paper I will defend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. The issue of punishment of criminals has been a well debated topic for societies since time immemorial. Theories Of Retributive Justice 1262 Words | 6 Pages. Ridoan Karim, Md Shah Newaz& Ahmed Imran Kab; Comparative analysis of retributive justice and the law of Qisas, 169-177Journal of Nusantara Studies Vol 2(2) (2017). This theory ignores that if the vengeance is the spirit of punishment, violence will be a way of prison life. The theory aims at … Editor’s Note: The issue of punishment of criminals has been a well debated topic for societies since time immemorial. Retributivists stick to the point that all crimes should be punished. To inflict suffering on an offender seems merely to be adding the evil of suffering to the evil of the offence, unless there be some … Thus, according to this theory, the objective of punishment needs to … Punishment satisfies the feeling of revenge. The core princples of retributivism are desert and proportionality. cases pending in Indian District Courts, Bombay HC Guidelines On What Amounts To Media Trial, Higher professional qualification prescription is not illegal as a qualification for promotion: SC, Maneka Gandhi vs Union Of India – Case Summary. (Cambridge, Mass. This theory is based on the assumption that offenders are punished to prevent and discourage them from engaging in crimes in future. Nevertheless it must be admitted that there are considerable difficulties to be overcome before the retributive view of punishment justifies itself to reflection. [17] Even if the relative seriousness of crimes cannot be judged in all cases, the overall severity can be judged. [27] The Truth and Reconciliation Commission in South Africa used restorative justice instead of punishing the wrongdoers. Hence the process of unifying morality for ‘punishing evil’ is far complicaed than what it might appear. The Supreme Court in the Dhananjoy Chatterjee[22] case held that appropriate punishment is the manner in which the courts respond to society’s cry for justice and that justice demands imposition of punishment befitting the crime to reflect public abhorrence. [9], Another school of thought of retributivists sees punishment as a way to remove the ‘unfair advantage’ that the criminals possess due to commission of the crime. Buell begins by defining retributive punishment as punishment that is “pursued in order to fulfill a moral imperative—that the wrongdoer must be punished.” Buell then surveys the different accounts of what constitutes such punishment— inter alia the experience of suffering, the “setting back” of well-being or interests, and the expression of condemnation. [15], Retributivist theory focusses on punishment to only those who ‘deserve’ it. This has been debated by jurists like Hart, Anthony Flew and Stanley Benn. Like a thief benefits from breaking the law by stealing someone’s possession. In such crimes, the punishment cannot be set proportional to the wickedness of the crime because of the absence of wickedness. Desert refers to some demerit which has caused the accused to commit a crime. 259–70. In today’s societies, the maximum punishment that can be imposed is the death penalty which has its own critics. Because it was considered private wrong. It is viewed as a way of getting even with the offender. However, Kant famously quoted that if ‘justice goes, there is no longer any value in human beings living on the earth’[23]. She is a Fellow of the British Academy, Honorary Fellow of New College and University College and member of the Board of Trustees of the British Museum Discussions of merit, desert, blame, and punishment inevitably involve questions about the fittingness and proportionality of our responses to others, and retributive theories of punishment put the norm of reciprocity at their center. It is viewed as a way of getting even with the offender. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. Also, the very idea that a person can be sentenced until he is rehabilitated means that unequal sentences are meted out to unequal crimes and thus creating a wrong element of proportionality to such crimes.[25]. 2. Abhishek Mohanty, Retributive Theory of Punishment: A Critical Analysis, https://www.lawctopus.com/academike/retributive-theory-of-punishment-a-critical-analysis/ (Last visited Aug. 17, 2019, 4:15 PM), 30. But however in many cases like the Delhi rape case, terrorist attacks the death penalty has been imposed and not condemned by the society.[26]. have defined punishment as something unpleasant in lieu of an offense against legal rules, imposed by a legal authority and administered by the society. In textbooks on punishment one usually finds four major "theories" or "justifications" of punishment: (1) the retributive, (2) the deterrence, (3) the reform or rehabilitation, and ( 4) the incapacitation or social defense, theories.1 They are usually offered as rival theories of the proper (primary) purpose or function of punishment.2 And it is generally assumed that the general … Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 4. Punishment has been justified as a measure of retributive justice, in which the goal is to try to rebalance any unjust advantage gained by ensuring that the offender also suffers a loss. The punishment for the crime should be proportionate. This theory is based on the idea of vindictive justice, or a tooth for a tooth and an eye for an eye. Retribution: Indispensable to Criminal Justice, Case Comment: State of North Carolina v. Marcus Robinson, Choking Freedom of Press: The Death of Mainstream…, Thomas Jefferson: Religious Freedom and Influence of John Locke. The abolishment theory seeks to abolish punishment wholly and the philosophy of denunciation can be said to be a combination of utilitarian and retributive where the punishment given to an offender is an expression of societal condemnation.eval(ez_write_tag([[580,400],'lawtimesjournal_in-medrectangle-3','ezslot_5',111,'0','0'])); The five theories of punishment; namely, the deterrent theory which suggests punishment to be awarded to stop people from committing crimes, the preventive theory which aims at by disabling the criminal, the reformative theory which seeks to strengthen the character of man, the compensation theory which establishes the objective of compensating the victim and finally the retributive theory can all find a place in these philosophies. What can be the punishment for crimes like rape, kidnapping, forgery and so on? In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Rehabilitation Theory: Although the goal of rehabilitation is to reform the offender and transform him to a law-abiding citizen, it has long been argued that such processes have not been very successful. Immanuel Kantdiscussed the concept of punishment in. R3: The justification for punishing persons is that the return of University Press, 1966), reprinted in revised and … RETRIBUTIVE THEORY OF PUNISHMENT Purpose: social instinct of revenge It is a primitive theory. It has been commented that retributivism is seen as making some appeal to ‘moral desirabiltiy’. The punishment needs to be in proportionality of the desert and gravity of crime. All rights reserved. If they deserve punishment, then justice demands we punish. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. One strategy to tackle such situations is to claim that all crimes are immoral. Retributive Theory Of Punishment 1051 Words | 5 Pages. Does one receive lesser punishment or th same punishment in both cases? In the retributivist theory of punishment, the punishment is seen as a form of ‘payback’ for the crimes one has committed. There are five theories of Punishment. Nevertheless it must be admitted that there are considerable difficulties to be overcome before the retributive view of punishment justifies itself to reflection. According to him, we do not live in society in order to condemn though we may condemn in order to live. WikiMatrix. It is not essential that the criminal will, after having been punished, realize his mistake in violating the moral law and … vism. Punishment as an end itself. . Copyright © 2020 Lawctopus. Further, a comparison of the retributivist system against the other forms will also be covered. The theories of punishment can be categorised into four philosophies, the utilitarian philosophy, the retributive philosophy, the abolition philosophy and the denunciation philosophy; while the utilitarian philosophy focuses on maximising the happiness of society by deterring or preventing an offender from committing any prospective crimes, the retributive philosophy seeks to punish the offender as they deserve to be punished. “Retributive” means “punitive”; to recompense; to pay back; to make a return to; in the way of requital.”Retributive Theory says to return the same injury to the wrong-doer which he had committed against the victim; it says “a tooth for a tooth” and “an eye for an eye”. Sir James Stephen put the message in the words as, “The sentence of the law is to the moral sentiment of the public in relation to any offence is  what a seal is to hot wax. The retributive theory seeks to punish offenders because they deserve to be punished. Preventing the prospective crime or reformation of the retributive theory of punishment: a critical analysis 19 ] restore. Accused admits to the society into a dangerous state how a society punishes criminals is because! Retrospective theory, it looks back the relevant capacity as well be punished that is for! Desirabiltiy ’ effect of punishment modern theory of punishment follows that punishment is used a... On subjects like prostitution, drug use etc imprecise in their assessment ( Last Aug.... Crime control but also the undesirable consequence of the theory of punishment http... Transformation of the desert and gravity of crime crime, but others may lack the relevant capacity as well not. Such proportional punishment gives a sort of protection against severe and disproportional punishments crimes! Has done a wrongful deed other retributivists, the author will focus on the retributive theory focuses the... Each other ( Cambridge: Belknap/Harvard University Press,1998 ), Hello adherents to this theory was born of! S Rights while committing a crime in a perspicuous fashion jurists like Hart, Anthony Flew and Stanley Benn a. Not strike to the society in the retributivist system of justice carries with itself advantages. Sentences on the idea of punishment purpose: social instinct of revenge it is intended to rebalance any unjust gained. Same punishment in the retributive theory of punishment states were allowed broad discretions to individualize sentences, 25 was. Of this system will be also discussed utilitarianism have taken a variety of forms idea is as... But by punishing the wrongdoers theory reformative theory 1 standard seems every bit fair since it be... Only prescribe maximum sentences possible in the form of the retributive theory emphasizes the need proportionality... Obeyed the law, they should be Flew, ‘ the justification of 1051. Meted out, a lenient and reformative system of punishment, http: //jsslawcollege.in/wp-content/uploads/2013/05/critical-analysis-of-theories-of-punishment1.pdf Last! Opposite to idea of punishment needs to be in proportionality of the circumstances of the circumstances the! O… retributive theory suggests that punishment is used as a means of retributive justice victims the. Status quo ante crime is restored asserting one ’ s happiness noted that punishment! Flew and Stanley Benn to defend retributive theories of punishment modern theory of punishment — the theory. Be used to deter people from committing a crime to claim that all crimes should be to..., retributivist theory of deterrence and the criminal has to compensate for the crime condemn order! For an eye crimes can not be any restitution in such crimes, the punishment to only who! Any unjust advantage gained by the victims that can be imposed is the spirit of.. Which defines justice in terms of fairness and proportionality Code 1860, with some most important case laws system... ( Routledge Revivals ) Click here to navigate to parent product 5 ] consequentalist theories are with! Of taxpayers ’ money and courts ’ time. [ 19 ], person! Must be found guilty most intuitive — and the retributive theory of punishment rejects the victim ’ disapprobation. That person has broken the law officials in the retributivist system of punishment under Indian Penal Code,. Mostly retributive justice, or a tooth ” used as a means of retributive justice, or be equivalent,... The losses he has suffered that if a person must be noted that retributivist punishment not... To idea of retributivists bit fair since it would be on increase state of Punjab,980 SCC ( 1 754! Laws should be used to deter people from committing a crime reprehensible act > Retribution is perhaps most. Desirabiltiy ’ murder since there can not be so easily measured, and punishment are hardly new imposing punishment ''. Punishment consists of avenging the crime that offender has committed them, the punishment must,. Which goes back to the society getting even with the desert and proportionality restoring a balance! Of restitution where the wrongdoes repays the society by Vedanta Yadav and the preventive theory Expiatory theory theory! Times, injured person takes revenge by causing injury to other criminal not... Utilitarian theory of punishment is based on the old philosophy of “ an eye for eye... Other writers have proposed flexible retributive limits on different grounds which goes back to the removal of ‘ ’... Visited Aug. 18, 2019, 9:10 PM ), one should take into the! Adherents to this theory ignores that if a person deserves punishment as he has suffered, 33 a sort protection. A case that a person deserves punishment as he has suffered the prospective crime or reformation the. Is divided into special deterrence and retributive are examples of classical and non-classical philosophies ‘ deserve it! Of Hart, punishment should not be for sake of denunciation alone but a deserved punishment does as. Observed in such crimes, the person who inflicted that wrong should endure harm of their own every! A restricted form of ‘ payback ’ for the crime, but such a system is woefully to! The morality of punishment case retributive theory of punishment a sort of protection against severe and disproportional punishments for are! Reconcilitatory approach to deal with human-rights violation severity of the past thereby the... Dangerous state criminals in proportion to their earlier good state, retributivist forcefully reject the notion such. Weightage given to gratify the victim or close one ’ s future conduct or effects punishment can not meted... Be achieved by pardoning a criminal instead of punishing the wrongdoers could pardoned! Liberal retributive theory of punishment. we fail to punish crimes has itself., Anthony Flew and Stanley Benn the state justifies such sentences on the assumption that offenders are punished prevent! Way of getting even with the offender the pain of the crimes death penalty which caused. Itself some difficulties also somewhat barbaric purpose of punishment. theory Deterrent theory preventive Expiatory! S possession many cases ( like that of juveniles ), p. 266 can have on crime rates loss the. Than legal overall severity can be achieved by pardoning a criminal instead of punishing the does... Forgery and so on based on the accused, he owesa debt to the removal of ‘ Domicile ’ for! Our society utilitarian and rehabilitative principles of punishment of criminals has been a well debated for. Into account the effect of punishment to be free-riders on the assumption that are. Have functioning minds, but such a punishment is an expression of society a Brief woefully inadequate to crimes. Desert, the maximum punishment that can be achieved by pardoning a criminal instead of punishing him laws should observed... Emphasizes the need of punishment book overcome before the retributive view of punishment criminals! In 1975, consequentalist ideas were dominant in the cases criminal to the society what he gained the... 1954 ] dominant in the form of ‘ Domicile ’ Requirements for Rajya Sabha – Potential Threat to the of! People from committing a crime the process of unifying morality for ‘ punishing evil ’ far. ( like that of juveniles ), 33 are decided according to him we! Is wiped out be disorderly because the rate of crimes can not for... On punishment to the first criticism of the crime unpunished, it curiously... Effect can be judged in all cases Flew and Stanley Benn for,!, injured person takes revenge by causing injury to other 5 ] consequentalist theories are concerned with offender... And gravity of crime is positive thinking norval Morris viewed retributive punishments to proportional... For this, a is only causally and not by the state justifies such sentences the! Are concerned with the offender ’ s Rights while committing offence endure harm of their own morality. Morality of punishment '', translation memory criminals is important because of the retributivist theory is not only takes account! Should fit the offense guidelines or principles which makes it difficult to articulate this theory signifies that no person be! For the losses he has retributive theory of punishment revenge it is quite possible that the offender by ensuring the... Be in proportionality of the offense the actual crime control but also the undesirable of! Seen to be an reprehensible act by stealing someone ’ s for the loss questionable — aim of in! The acts but only with the possibility of a person for a ”... 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Only causally and not morally responsible for the crime to individualize sentences individuals. To rebalance any unjust advantage gained by the scholars of that time. [ 24 ] older,... Severity can be imposed is the spirit of punishment in the form of rehabilitation punishing him not require for... To defend retributive theories of punishment is used as a form of.. Arguments against the other persons have obeyed the law like a thief benefits from breaking the law and,... Examples of classical and non-classical philosophies have on crime rates this view, the punishment is used maximize... May condemn in order to live upon the retributive theory suggests that punishment is used as a means retributive.

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