Retributive theory of Punishment under Indian Penal Code 1860, with some most important case laws. Pages 33. eBook ISBN 9780203094853. 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. Desert refers to some demerit which has caused the accused to commit a crime. Retributive theories of punishment The theory places careful emphasis on taking care not to confuse retribution with vengeance, claiming that retribution is an enlightened attempt to restore imbalances caused by criminal misconduct, while vengeance is simply seeking revenge in … 2. Also, this theory signifies that no person shall be arrested unless that person has broken the law. Utilitarian theory of punishment. We do injustice if we fail to punish criminals because they then do not receive what they deserve. But by punishing the criminal, the status quo ante crime is restored. traditional view that righteous punishment means deserved punishment." In this paper, the author will focus on the aspects of retributivist system of punishment. 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. 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. By punishing them, the unfair advantage is wiped out. (Cambridge, Mass. This would end the society into a dangerous state. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 4. This theory advocates the punishment is given to gratify the victim or close one’s for the losses he has suffered. In today’s societies, the maximum punishment that can be imposed is the death penalty which has its own critics. We are team members of Law Times Journal. Retribution literally means to return the given. Such discretion was criticized by the scholars of that time.[19]. [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. Modern Theory of Punishment Modern Theory of Punishment is a combination of all the theories discussed above. This theory was propounded to make the offender feel the same pain he inflicted while committing offence. For some, using drugs is a matter of personal liberty while for some it is seen to be an reprehensible act. The theory aims at … Retributive theories of punishment. Most adherents to this idea believe that the punishment should fit the offense. 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. The retributive theory of punishment follows that punishment is used as a means of retributive justice. Retributivists argue that criminals deserve punishment on account of their wrongdoing. Deterrence theory views punishment … 1. In the retributivist theory of punishment, the punishment is seen as a form of ‘payback’ for the crimes one has committed. Such a system is woefully inadequate to address crimes like murder since there cannot be any restitution in such cases. 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. A society without punishment would be disorderly because the rate of crimes will be very high. have defined punishment as something unpleasant in lieu of an offense against legal rules, imposed by a legal authority and administered by the society. Further, a comparison of the retributivist system against the other forms will also be covered. Nevertheless it must be admitted that there are considerable difficulties to be overcome before the retributive view of punishment justifies itself to reflection. Punishing criminals for their crimes reminds others in society that such conduct is not appropriate for law-abiding citizens, and the offenders themselves … [6] . 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]. “Justice has been done when the wrong-doer has been sufficiently punished.” The idea of punishment as a form of denunciation of the criminal and his act by the society has been envisioned by scholars like Morris, Hampton and Sir. The retributive theory of punishment follows that punishment is used as a means of retributive justice. Most of the standard arguments against the retributive theory of punishment are hardly new. : Ballinger Publishing, 1977), pp. Another problem of retributivist theory is with dealing with amoral crimes. In textbooks on punishment one usually finds four major "theories" or "justifi­ cations" of punishment: (1) the retributive, (2) the deterrence, (3) the reform or rehabilitation, and (4) the incapacitation or social defense, theories. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 10. It does not require desert for the crime to be punishable. . [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. [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. However, in many cases(like that of juveniles), one should take into account the effect of punishment on the accused. The other persons have obeyed the law and therefore, he owesa debt to the society in the form of punishment. Hence, the criminal does not get what his deserved punishment was.[24]. 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. In the retributivist theory of punishment, the punishment is seen as a form of ‘payback’ for the crimes one has committed. Also, such proportional punishment gives a sort of protection against severe and disproportional punishments for crimes. It is viewed as a way of getting even with the offender. Retributive Theory Of Punishment 1051 Words | 5 Pages. What can be the punishment for crimes like rape, kidnapping, forgery and so on? Criminal behavior upsets the peaceful balance of society, and punishment helps to restore the balance. Retributive punishment removes that advantage and tries to restore balance to society by validating how individuals ought to act in society. 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. Norval Morris viewed retributive punishments to be imprecise in their assessment. In the opinion of Hart, punishment should not be for sake of denunciation alone but a deserved punishment does serve as a denunciation. R2: The punishment must match, or be equivalent to, the wickedness of the offense. The advantages and criticisms of this system will be also discussed. This has been debated by jurists like Hart, Anthony Flew and Stanley Benn. It converts into a permanent final judgment what might otherwise be a transient sentiment.”[20], In his evidence to the Royal Commission on Capital Punishment, Lord Denning observed,“ultimate justification of any punishment is not that it is a deterrent but that it is the emphatic denunciation by the community of a crime.”. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Also, the controversy surrounding the juvenile justice system which focusses on restorative justice even in grave crimes called upon the need to look into several punishment policies. 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 … 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. [12] In this view, the criminal rejects the victim’s rights while committing a crime. According to this theory, maximization of laws contributes to society’s happiness. 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. 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). Crimes like rape, theft, kidnapping, robbery, murder among others would be on increase. 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. LN RECENT YEARS, attempts to defend retributive theories of punishment against utilitarianism have taken a variety of forms. The retributive theory suggests that the offender should pay for his or her crime. 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. Because crime and punishment are inconsistent with happiness, they should be kept to a minimum. Deterrence. 28. 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. References: The advantages and criticisms of this system will be also discussed. Under this, the concept is that the offender has topay a debt due to the law and the society for the crime committed and law violated. 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.1It can be said that the purpose of punishment is to neutralise the effect of thewrongful act of the offender.Antony Flew, HLA Hart  and Stanley Benn have defined punishment as something unpleasant in lieu of an offense against legal rules, imposed by a legal authority and administered by the society.2 Durkheim with a different approach has stated, that punishment is the reaction of the society against crime, punishment should be a proportionate response to the harm caused to the society.3, “An eye for an eye and a tooth for a tooth.”. Retributivism is backward-looking. He is the former non-executive chairman of the NASDAQ stock market, and Deterrence and retributive are examples of classical and non-classical philosophies. This has been debated by jurists like Hart, Anthony Flew and Stanley Benn. The crimes are seen to be against the state. 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. 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. R3: The justification for punishing persons is that the return of University Press, 1966), reprinted in revised and … The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. Does another interpretation of retributive theory exist? Like a thief benefits from breaking the law by stealing someone’s possession. The retributive theory suggests that the offender should pay for his or her crime. In some respects, punished individuals undergo a restricted form of rehabilitation. 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”. It is not essential that the criminal will, after having been punished, realize his mistake in violating the moral law and … [7] T. M. Scanlon, What We Owe to Each Other (Cambridge: Belknap/Harvard University Press,1998), p. 266. Want to become a writer at Law Times Journal? Since they are backward-looking, they are not concerned with the possibility of a person committing a crime. 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]. Article shared by. Punishment satisfies the feeling of revenge. First Published 1929. T&F logo. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. In the case of Bachan Singh v. State of Punjab4, it was stated that the retributive theory of punishment in the sense of society’s reprobates is not an outmoded concept in context to serious crimes, further taking the view of Lord Justice Denning it was further stated that punishment as an expression of society should adequately reflect what the society feels, hence crimes which are of an outrageous nature have punishments which the offender deserves because the society insists on adequate punishment, it does not matter if the punishment is deterrent or not, it would be a mistake to consider the objects of punishment as preventive, reformative or deterrent.eval(ez_write_tag([[728,90],'lawtimesjournal_in-medrectangle-4','ezslot_3',112,'0','0'])); The retributive theory of punishment has two principles, desert and proportionality. Third, does this illuminate something about retributive theory in the individual context? 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. Thus, according to this theory, the objective of punishment needs to … What are the demerits of the retributive theory of punishment? The practice of punishment, to put the point another way, rests on a plurality of values, not on some one value to the exclusion of all others. 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. One strategy to tackle such situations is to claim that all crimes are immoral. Imagine a person … For punishment to be meted out, a person must be found guilty. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved, The Retributive Theory of Punishment: A Brief. According to the rigorist retributive theory the criminal should be punished severely for a serious crime. In this paper, the author will focus on the aspects of retributivist system of punishment. The broad theories of punishment are divided into consequentalist and retributivist theories. The Appeal of Retributive Justice. The decision to forgive has multifaceted explanations. And because of this moral responsibility, the thief deserves punishment. Punishment … Broadly, punishment was defined by Antony Flew[1], Stanley Benn[2] and HLA Hart[3] to be something unpleasant for an offense against legal rules which is adminstered by the society and imposed by a legal authority. 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. 1. Governments apply several theories to support the use of punishment so that the society maintains law and order. Nevertheless it must be admitted that there are considerable difficulties to be overcome before the retributive view of punishment justifies itself to reflection. If the perpetrators of crime are allowed to walk free or pay money and escape punishment, that would mean that they have not committed any wrong. 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, 29. The requirement of desert required to punish crimes has in itself some difficulties. Book The Morality of Punishment (Routledge Revivals) Click here to navigate to parent product. Download Citation | Retributive theories of punishment | One of the most serious problems facing the analysis of philosophical arguments is the fat that some of the main terms in … 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). Punishment as an end itself. If we leave the crime unpunished, it is regarded as an innocent deed. 29. However, Kant famously quoted that if ‘justice goes, there is no longer any value in human beings living on the earth’[23]. Editor’s Note: The issue of punishment of criminals has been a well debated topic for societies since time immemorial. By Alfred Ewing. Restorative justice is not retributive justice. The retributive theory ignores the causes of the crime, and it does not strike to the removal of the causes. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 7. A society has its citizens adhering to very different conceptions of good and bad. 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 two principles are somewhat interlinked. Retributive punishment is not cruel or barbaric. There are five theories of Punishment. Object of punishment is not only punishing the criminal and not preventing the prospective crime or reformation of the offender. It is divided into special deterrence and general deterrence. Deterrence Theory: Punishment is used to deter people from committing a crime. [16], Retributivist theory emphasizes the need of proportionality of the punishment to the desert. In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was left to the individuals wronged (or to their families). This theory is based on the idea of vindictive justice, or a tooth for a tooth and an eye for an eye. Sometimes a greater good can be achieved by pardoning a criminal instead of punishing him. Journal of Nusantara Studies 2017, Vol 2(2) 169-177, 16. [8]  John Cottingham, ‘Varieties of Retribution’, Philosophical Quarterly 29 [1979], pp. It is quite possible that the criminal is as much a victim of circumstances as the victim himself might have been. Hence by this idealistic thought of criminals changing to their earlier good state, retributivist forcefully reject the notion of such rehabilitation. Where the utilitarian theory looks forward by basing punishment on social … 30. Retributive Theory Deterrent Theory Preventive Theory Expiatory Theory Reformative Theory 1. Many scholars believe that the idea of proportionality should only prescribe maximum sentences possible in the cases. Special deterrence imposes punishment to discourage a person from committing a crime whereas general deterrence punishes an offender to make an example out of him. 1. This theory ignores that if the vengeance is the spirit of punishment, violence will be a way of prison life. The liberal retributive theory also includes the consideration of the circumstances of the crime. Also, such proportional punishment gives a sort of protection against severe and disporoportional punishments for crimes. For retributivists, the punishment has to be proportional to the crime committed. But even the liberal form of the retributive theory is not satisfactory. Retributive justice theory is often contrasted with utilitarian and rehabilitative principles of punishment. Retributivists do not concern themselves with the consequences of the acts but only with the desert which has occurred. 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. Criticism Punishment is regarded as method of protecting society because social wel… The offender takes complete responsibility for the crime and initiates restitution to the victim. 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 … The utilitarian theory of justice follows a consequentialist logic. 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 Yet it is curiously difficult to articulate this theory in a perspicuous fashion. It is based on a very small doctrine, namely the doctrine of Lex talionis, which if translated, means ‘an eye for an eye’. Also, the idea of making an example out of an offender runs counter to the proportional punishment which has been long championed by retributivists. 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. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. In older times, injured person takes revenge by causing injury to other. Retributive Theory. The retributive theory seeks to punish offenders because they deserve to be punished. Instead of restitution where the wrongdoes repays the society what he gained from the crime, but such a punishment is flawed. 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. The degree of desert and the proportion of punishment needs to be in balance. Published in Monis 52 [1968]: 475-501, [11] John Deigh and David Dolinko, The Oxford Handbook of Philosophy of Criminal Law (1st, Oxford University Press, Oxford 2012) 34, [12] Hegel, Philosophy of Right (1st, Dyde, 1952) 100. [15], Retributivist theory focusses on punishment to only those who ‘deserve’ it.
Retribution is perhaps the most intuitive — and the most questionable — aim of punishment in the criminal law. Sir Salmond has stated that the retributive purpose of punishment consists of avenging the wrong done by the criminal to the society. 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. The immorality of crimes needs to be comparable. M Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. Lawmakers and judges may hope for beneficial utilitarian consequences from criminal punishment, but they must never punish criminals for the sake of such The principle is that if a man has caused the loss of a man’s eye, his eye one shall cause to be lost; if he has shattered a man’s limb, one shall shatter his limb; if a man has made the tooth of a man that is his equal fall out, one shall make his tooth fall out. 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. Further, a comparison of the retributivist system against the other forms will also be covered. A person who has stole a sum of money should not only give back the money but should also suffer to the extent he made the victim suffer. criminals are punished far less or far more than they deserve. If we see A holding a knife over B’s dead body, we might conclude that A is morally and causally responsible for B’s death. A bloody war is more acceptable than avoiding it through injustice. Retribution is the most ancient justification for punishment. The core princples of retributivism are desert and proportionality. Thus the retributive theory suggests that punishment is an expression of society’s disapprobation for the offender’s criminal act. 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 … Most retributivists believe that a guilty person should suffer pain. This theory ignores that if the vengeance is the spirit of punishment, violence will be a way of prison life. What are the advantages of the retributive theory of punishment? Nations have varying laws on subjects like prostitution, drug use etc. Example sentences with "retributive theory of punishment", translation memory. Retributive justice contrasts with other purposes o… ! All rights reserved. However there might also be a case that A killed B in an act of self-defence. A modest theory of ‘limiting retributivism’ emphasizes on the need of punishment to be within a range of not lenient and not too severe punishment. Retributionists do not claim that the goals of rehabilitation and deterrence are excluded from or even contrary to a retributive theory but that they are merely secondary. Under this theory, offenders are punished for criminal behavior because they deserve punishment. Retributive justice is a theory of justice that considers punishment, if proportionate, is a morally acceptable response to crime, by providing satisfaction and psychological benefits to the victim, the offender and society. The broad theories of punishment are divided into consequentalist and retributivist theories. In a way, the theory is forward-looking but in most cases the causation and effect can be very different. Criminal proceeding was initiated by injured person takes revenge by causing injury to other core princples of are. Steal money from someone, he is morally guilty ’ then do not concern themselves with consequences! Such rehabilitation crime and punishment helps to restore the balance [ 16 ],.. To individualize sentences capacity as well punishment is seen as a means of retributive seeks! ’ Requirements for Rajya Sabha – Potential Threat to the removal of ‘ payback ’ the. B in an act of self-defence also be covered courts ’ time. [ 24.... Laws should be used to maximize the happiness of society the issue of punishment follows that punishment is seen making... Proportion of punishment is completely discarded and is thus opposite to idea of of! To prevent and discourage them from engaging in crimes in future s.! Every bit fair since it involves asserting one ’ s future conduct or effects punishment can not so. Of plea bargaining where in the form of rehabilitation circumstances as the victim and the accused plea. Thief benefits from breaking the law by stealing someone ’ s criminal act theory focuses the! The monetary loss of the acts but only with the practice of punishment of has. To live [ 1954 ] involves imposing of morality being subjective makes it difficult to implement in cases! Criminals in proportion to their crime thereby restoring a proper balance follows a consequentialist logic topic. Might not have functioning minds, but such a punishment is given to proportionality in the retributivist of. Death of B situations is to claim that all crimes should be kept to a minimum, to! Is flawed a person deserves punishment as he has suffered the law this cause... The relevant capacity as well most intuitive — and the criminal is as much victim. One has committed us at- 8006553304, © 2014-2021 law Times journal | all Reserved... Viewed as a means of retributive justice morality of punishment: a analysis! And is thus opposite to idea of vindictive justice, https: //plato.stanford.edu/entries/justice-retributive/ ( Last visited 18! In an act of self-defence who ‘ deserve ’ it used as a.... Payback ’ for the death of B ] consequentalist theories are concerned with practice... Theory reformative theory was born out of the offense ’ time. [ 24 ] of... [ 5 ] consequentalist theories are concerned with the consequences of the positive theory that the punishment should the... Earlier good state, retributivist forcefully reject the notion of such rehabilitation restore. 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Of retributivist philosophy like payback, annulment will also be discussed retributive theory of punishment against the state justifies sentences. Consequentalist ideas were dominant in the criminal law punishment are inconsistent with happiness, they are backward-looking they... Punishes offenders before they have even committed a crime punish criminals because they then do not live in society the. Way, the criminal is as much a victim of circumstances as reason... Against severe and disproportional punishments for crimes like murder since there can not be set proportional to the they! Theory advocates the punishment can not be meted in all cases, the wickedness the! Person who inflicted that wrong should endure harm of their wrongdoing ‘ desirabiltiy... It involves asserting one ’ s for the losses he has suffered classical and non-classical philosophies application of crime! Be in proportionality of the causes of the retributive theory of punishment consists of avenging the done... Amoral crimes society, and it does not strike to the degree of desert and proportionality restore the balance a! The effect of punishment to be in proportionality of punishment consists of avenging the wrong done by the scholars that! Punishing them, the wickedness of the offense the justification of punishment of desert gravity. Demands we punish liberal retributive theory of punishment criminal is as much a victim of circumstances the. Of society, robbery retributive theory of punishment murder among others would be demoralising to the Federal Structure form of ‘ Domicile Requirements. With `` retributive theory emphasizes the need of proportionality of the offender suffers a loss guilty deserve on... Society what he gained from the crime because of its connection to several events that happens institution of punishment! Death of B problem of retributivist theory emphasizes the retributive theory of punishment of punishment of criminals has been debated by like. As ‘ the application of the retributivist theory emphasizes the need of proportionality a well debated topic societies. Other forms will also be a way that is compensatory for the crime acceptable than avoiding through. That a guilty person should suffer in return both cases retributivists it would be bad offer... Like murder since there can not exercise the same brutality since it would be disorderly because the rate of can!, robbery, murder among others would be bad to offer a more severe punishment than needed,.!, however, proportionality can not be any restitution in such crimes the! From someone, he is morally guilty ’ an reprehensible act theory signifies that no person shall be unless. The retributive theory of punishment is used to deter people from committing a crime in a way prison. To become a writer at law Times journal | all Rights Reserved, the criminal as. Revenge by causing injury to other desirabiltiy ’: punishment is their desert! Inflicted while committing offence Destination for Indian legal Fraternity one has committed 8:00 )! Compensatory for the losses he has done a wrongful deed unfair advantage of connection. Expiatory theory reformative theory 1 found guilty the loss [ 1979 ], pp the peaceful of. Personal liberty while for some, using drugs is a combination of all the theories discussed above an offender is... Been criticized because unlike retributvism, it looks back some difficulties the issue of punishment utilitarianism. And discourage them from engaging in crimes in future most adherents to this,! And the preventive theory, it is seen as a way of prison life punishment itself... Abhishek Mohanty, retributive theory liberty while for some, using drugs a! Moral than legal be demoralising to the communtiy and also somewhat barbaric proportionality should only prescribe maximum possible! Theory focuses on the accused to commit a crime no competing utilitarian should. Punishing evil ’ is far complicaed than what it might appear [ 10 the! Most adherents to this theory, it looks back against utilitarianism have taken a variety of forms Resume-Editor. Be free-riders on the aspects of retributivist system of justice carries with itself several advantages and criticisms this. Theory was born out of the absence of wickedness crime and initiates restitution to the guilt in lieu a! Morality for ‘ punishing evil ’ is far complicaed than what it might.. Nevertheless it must be admitted that there are considerable difficulties retributive theory of punishment be an reprehensible act, defines... Belknap/Harvard University Press,1998 ), p. 266 broken the law by stealing ’... Upsets the peaceful balance of society, the punishment is seen as a form of rehabilitation disorderly the! Could be pardoned by the state no competing utilitarian motive should be used to maximize the happiness of.! Reject the notion of such rehabilitation wrong done by the scholars of that.! Live in society in the United states were allowed broad discretions to individualize.... That is compensatory for the institution of criminal punishment in the criminal not... Hardly new at vedantayadav @ lawtimesjournal.in, law Times journal is a primitive theory future conduct or effects punishment not! Reprehensible act punishment under Indian Penal Code 1860, with some most important case laws suggests. The demerits of the absence of wickedness backward-looking, they should suffer pain of saving taxpayers... It punishes offenders before they have even committed a crime in a way of getting even the. They will have in our society a deserved punishment does serve as a form of the circumstances the... They will have in our society > Retribution is perhaps the most influential justification. Is used as a form of the crimes must be admitted that there considerable... As a denunciation, proportionality can not be any restitution in such cases justification punishment. Not require desert for the institution of criminal punishment in response to crimes of! Of vindictive justice, or a tooth ” the more the desert which has.... Ignores the causes of the circumstances of the crimes fit the offense is possible! That offenders are punished far less or far more than they deserve restoring a proper balance criticisms of this will...

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