What are the demerits of the retributive theory of punishment? The Appeal of Retributive Justice. Does one receive lesser punishment or th same punishment in both cases? Retributive Justice,https://plato.stanford.edu/entries/justice-retributive/(Last visited Aug. 18, 2019, 9:10 PM), Hello. The punishment for the crime should be proportionate.eval(ez_write_tag([[300,250],'lawtimesjournal_in-box-4','ezslot_4',113,'0','0'])); Immanuel Kantdiscussed the concept of punishment in The Metaphysics of Morals, he further stated the concept of morals and punishment should satisfy the rationality of morality and justice and guilt is an adequate condition for justifying punishment. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 13. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. Retributive punishment has to be proportional to the degree of desert. In such crimes, the punishment cannot be set proportional to the wickedness of the crime because of the absence of wickedness. The theory aims at punishing the offender what they deserve according to the acts already committed by them rather than prospectively stopping or preventing them from committing crimes. Immanuel Kantdiscussed the concept of punishment in.
Retribution is perhaps the most intuitive — and the most questionable — aim of punishment in the criminal law. Also, the idea of making an example out of an offender runs counter to the proportional punishment which has been long championed by retributivists. It is not essential that the criminal will, after having been punished, realize his mistake in violating the moral law and … Does another interpretation of retributive theory exist? Theories of punishment: a socio legal view. Thus, according to this theory, the objective of punishment needs to … Unlike the theory of deterrence and the preventive theory, the retributive theory is a retrospective theory, it looks back. have defined punishment as something unpleasant in lieu of an offense against legal rules, imposed by a legal authority and administered by the society. 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. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 4. Want to become a writer at Law Times Journal? The retributive theory of punishment follows that punishment is used as a means of retributive justice. The various forms of retributivist philosophy like payback, annulment will also be discussed. The decision to forgive has multifaceted explanations. It was an act of private defence. 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: 1 O 37 2 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. This approach was a reconcilitatory approach to deal with human-rights violation. Crimes like rape, theft, kidnapping, robbery, murder among others would be on increase. For punishment to be meted out, a person must be found guilty. 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. [16], Retributivist theory emphasizes the need of proportionality of the punishment to the desert. The more the desert, the more the punishment should be. Philosophy, 29, 293-294, [2] S I Benn, ‘An Approach to the Problems of Punishment’ [1958] Philosophy 127, 325, [3] HLA Hart, Punishment and Responsibility (1st, Clarendon Press, Oxford 1968) 5, [4] Joel Feinberg, Doing & Deserving; Essays in the Theory of Responsibility (1st, Princeton University Press,  Princeton 1970) 98, [5] Although this broad classifcation has been challenged, but the two words are used to group together a set of very diverse theories. 4. [14], Now returning to the situation given in the opening, a lower punishment shall be given in the second case since there was no desert on the part of A.

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