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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.
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 classic anthropological example is the Kula exchange in the Trobriand Islands. One-to-many and many-to-one reciprocity often lies somewhere between direct reciprocal arrangements and generalized reciprocity. Informal clubs in which the hosting arrangements circulate among members are examples of the one-to-many variety.
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 viole
An elaborate example of this in a non-market society is the potlatch, where large amounts of personal resources are ceremonially given away to others in the community according to social status, with the tacit expectation that other members of the community would themselves give away large amounts of their own property in the future.
Extra chores or spanking are examples of positive punishment, while removing an offending student's recess or play privileges are examples of negative punishment. The definition requires that punishment is only determined after the fact by the reduction in behavior; if the offending behavior of the subject does not decrease, it is not ...
For example, if the procedure is a criminal trial, then the correct outcome would be conviction of the guilty and exonerating the innocent. If the procedure were a legislative process, then the procedure would be fair to the extent that it produced good legislation and unfair to the extent that it produced bad legislation.
Transformative justice is distinguishable from restorative justice in that transformative justice places emphasis on addressing and repairing harm outside of the state. [12] adrienne maree brown uses the example of a person who has stolen money in order to buy food to sustain themselves, writing that “if the racialized system of capitalism has produced such inequality that someone who is ...