Delivering retributive justice


  • Punishing
  • Punishing unlawful behaviour

Description

Providing fair and just punishment for the guilty. Penalizing a person for a misdeed.

Context

Punishment is generally inflicted by an authority (eg, the state or a parent) on one who honours that authority. It is distinguished from revenge, in which one individual acts without the support of appropriate authority.

Claim

  1. Punishing wrongdoers rehearses for the whole society those acts which it has agreed not to condone. This prevents crime and strengthens the common bonds of the society.

  2. Retributive justice – punishment of unlawful behaviour – does not stand on its own. Retribution is grounded in a right order that makes it possible for judges, juries, police officers and military organizations to know what should be penalized and how. Punishment itself does not establish a healthy order; it can only confirm the legitimacy of the right order by showing that unlawful behaviour will not be allowed to go unpunished.

Counter claim

  1. Forgiving and rehabilitating wrongdoers can constructively deter crime and gives criminals a renewed bond of participation in their society.


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