Search results
Results from the WOW.Com Content Network
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.
Rawls' theory of justice rests on the belief that individuals are free, equal, and moral; he regarded all human beings as possessing some degree of reasonableness and rationality, which he saw as the constituents of morality and entitling their possessors to equal justice. Rawls dismissed much of Kant's dualisms, arguing that the structure of ...
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.
It also discusses property rights, punitive justice, as well as state and cosmopolitan rights. The Doctrine of Virtue further develops Kant's ethical theory, which he had already laid the foundation in the Groundwork of the Metaphysics of Morals (1785) and the Critique of Practical Reason .
Kant's ethics are founded on his view of rationality as the ultimate good and his belief that all people are fundamentally rational beings. This led to the most important part of Kant's ethics, the formulation of the categorical imperative , which is the criterion for whether a maxim is good or bad.
Under a spiritualistic criminal justice system, crime is a private affair that is conducted between the offender and the victim's family. However, this method proved to be too vengeful, and the state took control of punishment. Spiritual explanations provided an understanding of crime when there was no other way of explaining crime.
Herbert Leslie Packer (1925 – December 6, 1972) [1] was an American law professor and criminologist.His key work is the book The Limits of the Criminal Sanction (1968), which proposed two models of the criminal justice system, the crime control model and the due process model. [2]
The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all.