The journal of philosophy volume lxxv, no 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. Model for incorporating both deterrence and retribution in a kantian theory has been a strong inspiration for many, and any work on kant's theory of punishment will need to 3 byrd, b sharon “kant's theory of punishment: deterrence in its threat, retribution in its execution” law and philosophy, vol. Retribution, reparation, rehabilitation/reformation, deterrence, protection, incapacitation, restoration, condemnation and respect for divine laws but in nigeria today, irresponsibility, indiscipline, egocentrism and misconception of “ god” and religion give punishment the colour of crime with total disgust all in the pretext of. “let the punishment fit the crime” captures the essence of retribution proponents advocate just deserts, which defines justice in terms of fairness and proportionality retributivists aim to dispense punishment according to an offender's moral blameworthiness (as measured by the severity of crimes of which the offender was. The classic debate: retributivism vs utilitarianism (consequentialism) • excerpts from bedau, stanford encyclopedia of philosophy entry on punishment duff, stanford encyclopedia of philosophy entry on legal punishment • joel feinberg, “the classic debate” 2 consequentialist justifications for punishment. There are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration (meyer & grant, 2003) the goal of each philosophy is to prevent criminal offenses from occurring the first philosophy is deterrence, this philosophy tries to convince people not to. Assignment: punishment philosophy paper there are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration (meyer & grant, 2003) the goal of each philosophy is to prevent criminal offenses from occurring the first philosophy.
In section 22, the relevance of philosophies and theories of punishment is discussed in section 23, the different approaches are categorised under the headings of retributivism, utilitarianism, restorative justice and mixed approaches in the subsequent sections, 24 through 27, each category is discussed in some detail. The cja 2003 is an amalgam of retributive and utilitarian justifications of punishment section 142(1) of the cja 2003 states (2014) advocate a revised version of retribution as a justification for punishment they sentences is currently largely guided by a market philosophy in england and wales, sentencing itself can. Philosophy of punishment 239 it is found, then, that the earlier theories of punishment for crime involved the motives of vengeance, retaliation, retribution or compen- sation-at first in kind or at a fixed scale-and of deterrence against repetition by the criminal or imitation by others as these motives in their several. Justify society's infliction of punishment these theories are deterrence, retribution , just deserts, rehabilitation, incapacitation, and more recently, restorative justice as well, it is important to appreciate that there are three perspectives about the issue of punishment: the philosophical, the sociological, and the.
When people break the law they get arrested by the police and punished by the courts - prison, a fine, whatever but why what's the philosophical purpose of legal punishment does it benefit society, and if so how exactly is it moral let's compare consequentialism and retributivism subscribe. Retribution as a basic, underivable moral principle rather, he is concerned, as far as possible, to find a rational basis for the idea of retribution, and to relate it closely to the root ideas of his moral 1119 potter in autonomy and community: readings in contemporary kantian social philosophy (j kneller & s axinn, eds. I attack the philosophical foundations of retributivism (currently the pre- dominant rationale for punishment) on deontological grounds on the oth- er hand i attack the consequentialist rationales on consequentialist grounds concluding that neither approach – as they all fail under their own standards – is sufficient per se to.
The philosophy of punishment if you want to maintain a valid penal system, you have to continue to ask the big questions on punishment why do we punish people what is permissible for the government and what is not philosopher of law jeroen ten voorde examines these kinds of questions and keeps his academic. See generally mitchell n berman, two kinds of retributivism, in philosophical foundations of criminal law 433 (ra duff & stuart green eds, 2011) (arguing that hybrid theories are ascendant) mitchell n berman, the justification of punishment, in the routledge companion to the philosophy of. Cations of punishment: (1) the retributive, (2) the deterrence, (3) the reform or pacitation and deterrence, among lawyers and philosophers, as well as, i guess, the ples of retribution rt thus rests on an implicit contractarian conception of the moral order we can bring this out as follows on rt , punishment is the.
Traditionally, philosophers of punishment have contrasted retributivism with utilitarianism for utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social benefits, such as crime reduction for retributionists, punishment is backward-looking, justified by the crime that has already been. Theories of punishment can be divided into two general philosophies: utilitarian and retributive the utilitarian to other theorists, retribution against a wrongdoer is justified to protect the legitimate rights of both society and the offender society the denunciation theory is a hybrid of utilitarianism and retribution.
Philosophies of punishment punishment serves numerous social-control functions, but it is usually jus- tified on the principles of retribution, incapacitation, deterrence, rehabilita- tion, and/or restoration the specific principles that underlie these dominant philosophies for punishment are summarized below. And striking the right balance depends oftentimes on competing sentencing philosophies: utilitarianism and retributivism a utilitarian approach would tend to limit a person's life circumstances as a sentencing factor the paramount concerns under this sentencing philosophy would be meting out a sentence. Learning objective ascertain the effects of specific and general deterrence, incapacitation, rehabilitation, retribution, and restitution punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution, and restitution.