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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.
The sociology of punishment seeks to understand why and how we punish. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; for instance, why citizens give consent to the legitimation of acts of violence.
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal.
Retributive justice is perhaps best captured by the phrase lex talionis (the principle of "an eye for an eye"), which traces back to the Code of Hammurabi. Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime.
The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police , prosecution and defense lawyers, the courts and the prisons system.
Procedural justice concerns the fairness (formal equal opportunity) and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights and outcomes), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is ...
Penology is a subfield of criminology that deals with the philosophy and practice [1] [2] of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.
Therefore, distributive justice, redistribution of wealth, and the demands for social justice in a society ruled by an impersonal process such as the market are in this sense incompatible with that system. In his book The Road to Serfdom, [31] there can be found considerations about social assistance from the state.