Retributivism is a backwardslooking theory of punishment. On the utilitarian and retributive justifications of. In addition, we will give voice to some major objections to the utilitarian theory. Still, it leaves one with certain misgivings regarding the internal consistency of his position. It is the theory described in the old testament as an eye for an eye and a tooth for a tooth. Two of the most important concepts used to justify punishment are deterrence and retribution.
Theology punishment or reward distributed in a future life based on performance in this. The strongest retributive theory has its foundations in kantian and rawlsian ideas, as. Retributive theory an eye for an eye would turn the whole world blind mahatma gandhi the most stringent and harsh of all theories retributive theory believes to end the crime in itself. The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. Reformative theory law and legal definition uslegal, inc. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. Now we shall consider theorists whose energies are devoted, not to generating in us skepticism of the practice, but to justifying the practice so that we may be at home in it. Humanitarian theory of punishment a just consideration of the interest of society and of the criminal. If these propositions be demonstrated, there is little left of lewis argument. In textbooks on punishment one usually finds four major theories or justifications of punishment. Thus, utilitarians take special favor in deterrence, as not only does it lower the overall crime rate, but it often does so by imposing minimal punishment as punishment is an evil in itself. In primitive societies punishment was mainly retributive.
A theory of differential punishment vanderbilt university. The strengths and limits of the theory of retributive. But the theory is retributive, inasmuch as kant holds to the negative retributive principle that we must punish for no other reason than that a wrong was committed. Retributive justice stanford encyclopedia of philosophy. We find them asking whether this or that is an essential part of a retributive theory. A crime is committed as a result of the conflict between the character and the motive of the criminal.
He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. In the retributivist theory of punishment, the punishment is seen as a form of payback for the crimes one has committed. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that he or she suffer in return. Retributive theory law and legal definition uslegal, inc. Theories of punishment with special focus on reformative. Determinism and interderminism retributivist theory vs. The theory is based on the rule of natural justice. This video gives a brief introduction to these ideas. A deterrence theory of punishment by anthony ellis i start from the presupposition that the use of force against another is justi. One objection to retributive theory is that it presumes a baseline condition of. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective.
Kant says, punishment can never be administered merely as means for promoting another good either with regard to the criminal himself or to society. The retributive theory seeks to punish offenders because they deserve to be punished. Retributive theory on punishment vs humanitarian theory on. Starkweather introduction one evening, karen found herself alone in the restroom of a public health building. The retributive theory seeks to punish offenders because they deserve to be. Kant holds that punishment ought to be inflicted on the criminal because he has committed a crime, not as a means to his own good or hat of others. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Empirical findings of fact from psychology, sociology, and psychiatry have served. 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.
Retributive justice, response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. Some version of morris approach is embodied in the. Retributive theories generally maintain, as did the italian criminologist cesare beccaria 173894, that the severity of a punishment should be proportionate to the gravity of. Lets focus on the two main approaches to justify punishment from a political theory point of view. May 05, 2012 theories of punishment utilitarian vs. The central idea is that the offender has gained unfair advantages through his or her behavior, and that punishment will set this imbalance straight. Oct 17, 2014 two of the most important concepts used to justify punishment are deterrence and retribution. Perhaps the problem lies not in kants inconsistency nor in the senility sometimes claimed to be apparent in the metaphysic of morals, but. Retribution is different from revenge because retributive justice is directed only at. This theory underlines the idea of vengeance and revenge rather than that of social welfare and security. Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. Kants theory of legalpunishment is not deontological, since for him a legal punishment is not justified that could not deter wrongs.
While communicative theories of punishment are often classified as. A simple retributive theory holds that the justification of punishment is simply that offenders deserveto be punished for no further reason than that they have done wrong. Retributive theory this theory is based on the idea of vindictive justice, or a tooth for a tooth and an eye for an eye. The strengths and limits of the theory of retributive punishment.
Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. This paper argues that norval morris theory of limiting retributivism should be recognized as the consensus model of criminal punishment. The paper also puts some light on reformative theory in nepalese penal system. Humanitarian theory the problem bernard madoff is an american former businessman, stockbroker, investment advisor financier and white collar criminal. Retributivism and fallible systems of punishment request pdf. A theory, of rights, therefore, involves a theory, of just distribution of rights and a crime is a wrongful interference with that distributions it is an unjustified redistribution which necessitates, if the victim desires, 31 another redistribution to rectify. Should we aim for a unified and coherent theory of punishment. Kants theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Just as the strongest organisms evolve from combining. Prevention of future crimes deterrence or rehabilitation of the offender are other purposes of 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. Pdf in a prior article, we argued that punishment theorists need to take into account. Punishment is an end in itself, not a means to any end beyond itself.
Deterrent theory i do not punish you for stealing the ship, but so that the ship may not be stolen the central cynosure of. A different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens. Pdf retribution and the experience of punishment researchgate. Materni abstract since the beginning of recorded history societies have punished offenders while at the same time trying to justify the practice on moral and rational grounds and to clarify the relationship between punishment and justice. Retributive justice and a rehabilitative approach to offenders in south africa. Imposed because of a crime committed not a social good to be achieved. Theories of punishment with special focus on reformative theory.
On the utilitarian and retributive justifications of punishment. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. Prevention of future crimes or rehabilitation of the offender are other purposes of punishment. Ii, november i978 retribution and the theory of punishments he idea that retribution, along with prevention of crime t and reformation of convicted criminals, plays a role in the nature and practice of punishment is a common theme in accounts of punishment at least since t. Philosophical analysis of the theories of punishment in. The most widespread interpretation amongst contemporary theorists of kants theory of punishment is that it is retributivist. He should not be used as a means for the good of any other persons. It also explores the two most critiqued systems of punishment in the world. Retributivism is a theory of justice that applies to the provision of rewards and.
According to this theory, evil should be returned for evil without any regard to consequence. Article in criminal law and philosophy 103 january 2014 with 17 reads how we measure reads. The principle is that if a man has caused the loss of a mans eye, his eye one shall cause to be lost. It is a theory that states that criminals should be punished for the sake of being punished. A retributive theory, on the other hand, sees the primary justification in the fact that an offence has been committed which deserves the. The appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it is better than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. It also requires that the response to a crime is proportional to the offence. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes. Rai, neetij, theories of punishment with special focus on reformative theory may 5, 2010. According to this theory, punishment is an act of injustice. Criminal punishment and the pursuit of justice mike c.
Governments have several theories to support the use of punishment to maintain order in society. To appreciate the sort of concrete remedies such an approach suggests and precludes. Nov 04, 2015 theories of punishment can be divided into two general philosophies. The theories of deterrence, rehabilitation, and retribution are by no means the. According to the retributive theory the purpose of punishment is to seek revenge. Secondly, the impossibility of his suggested return to the retributive theory 6f punishment. Administration of justice theories of punishment 3. Retributive theory is based on rights, desert and justice. The department of correctional services dcs is tasked with the responsibility of detaining offenders and at the same time to ensure that while in their custody, offenders are rehabilitated so as to prevent them from committing the same crimes again. Kants theory of punishment utilitas cambridge core. We discuss possible evolutionary origins of retributive justice, move on to more reflective philosophies of punishment prevalent in societal. The retributive view of punishment is pastlooking which is paying back by the offender.
Punishmentretribution, rehabilitation, and deterrence. Jan 15, 2015 in the retributivist theory of punishment, the punishment is seen as a form of payback for the crimes one has committed. Occupied with thoughts of the days business, she could never have imagined the horrible event that was about to take place. Further, harts twopart theory of punishment cannot explain our. Retributive justice is a criminal justice theory that has historical roots, with references to it that go far back into ancient times. Retribution appears alongside restorative principles in law codes from the. The utilitarian authors will offer answers to such questions as. The criminal law stands to the passion of revenge in much the same relation as marriage to the sexual appetite. In the previous chapter we considered arguments of radical critics who seem to challenge the whole practice of legal punishment. Theories of punishment a sociolegal view written by. Although retributive justice may be applied to rewards and punishments. Punishment administered in return for a wrong committed. Public punishment more amenable to justice being carried out theories of punishment retributive, or deserts, theory punishment only when it is deserved not in order to accomplish anything, such as deter. According to this theory the aim of punishment is to prevent or deter others from committing similar offences.
Much debate surrounds how to punish criminal offenders. I shall, for clarity, distinguish between pure and impure versions of retributi vism. Perhaps the problem lies not in kants inconsistency nor in the senility sometimes claimed to be apparent in the metaphysic of morals, but rather. Private punishment looks more like vengeance than justice 2. Is it the case that retributivism requires its holders to. Main objections to this account are that it does not take other aspects of punishment into consideration, such as deterrence or rehabilitation. Theories of punishment can be divided into two general philosophies. On the contrary, i will argue there are very different senses in which kant discusses punishment. Short essay on the preventive theory of punishment. Moreover, i would argue that similar philosophical concerns animate other areas of criminal justice.
In this lesson, well learn the meaning of retribution with a. He is the former nonexecutive chairman of the nasdaq stock market, and. Nov 27, 2018 a simple retributive theory holds that the justification of punishment is simply that offenders deserveto be punished for no further reason than that they have done wrong. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. Retributive theory of punishment vengeance theory it is a concept of primitive society which consists of injury inflicted by way of retaliation by victim of crime on actor of crime, which requires the existence of victim as well as a wrong doer. Perspectives on the effects of corporal punishment. In general, the severity of the punishment is proportionate to the seriousness of the crime. Yet despite its dominance, we have no good theory as to why retribution is a morally justified response to criminal wrongdoing. The retributive theory of just deserts and victim participation in plea bargaining david a.
For instance, punishment as a means of constructing social solidarity, punishment as an expression of culture and sensibilities, and punishment as a reflection of normalization and discipline. The pure theory homs that the practice of punishment and any individual act of punishment is moral y justified if and only if it conforms to all four of the principles of retributivism. Implications of psychoanalytic theory for the retributive theory of punishment while it is perhaps a marriage damned, the union of law and social science has spawned numerous offspring. Posted by andrew on may 5, 2012 in criminal law, key concepts 0 comments.
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