Retributive justice

Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime. 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.[1][2] Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes), exile (prevention of opportunity) and rehabilitation of the offender.

The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's De Legibus (1st century BC), Immanuel Kant's Science of Right (1790),[3] and Georg Wilhelm Friedrich Hegel's Elements of the Philosophy of Right (1821).[4] The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses,[5][6] which refers to the punishments of "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot" as also attested in the Code of Hammurabi. Documents assert similar values in other cultures, though the judgment of whether a particular punishment is appropriately severe can vary greatly across cultures and individuals in accord with circumstance.

  1. ^ Nozick, Robert (1981). Philosophical Explanations. Cambridge, MA: Harvard University Press. pp. 366–368. ISBN 978-0674664791. retributive justice revenge.
  2. ^ "'Positive' Retributivism and the Meaning of Desert". Stanford Encyclopedia of Philosophy. Archived from the original on July 11, 2010. Retrieved June 2, 2014.
  3. ^ Kant, Immanuel. Science of Right.
  4. ^ Hegel. "Contents of Hegel's Philosophy of Right". www.marxists.org. Archived from the original on October 19, 2017. Retrieved March 6, 2018.
  5. ^ Deuteronomy 19:17–21
  6. ^ Exodus 21:23–27

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