Professor Wells Restorative Vs. Retributive Justice Retributive justice is a legal basic that dictates that punishment for a crime is acceptable as long as it is a equivalent response to the crime committed. In this type of justice system, a crime is typically seen as being done against the state or government. As such, it is left to the government to pursue justice in terms of punishment against the individual who has committed the crime. In most respects, retributive justice seeks to punish a person
1. Introduction Punishment for acts that is regarded as crimes, have existed long before the first codification laws. It is as a tool used to pre-empt and prevent any future or further criminal conduct in society. What is seen as appropriate punishment has changed over the millennia, from punishments like crucifixion and stoning to today’s methods of restorative justice. To determine whether or not a law or legal policy is supported, the application of it by the judiciary, the writings of academics
Luban addresses two main questions: how we got from there to here, that is, from just war theories that embraced the punishment theory to its current erasure. The second being whether the punishment theory may nevertheless be right. For decades, just war theorists realized that wars could be waged to fulfill desire, punish or avenge wrongdoings. Currently, this punishment theory of just cause has evaporated from international law, which recognizes only collective and individual self-defense as
Some of the theories he is disapproving of are those such as Utilitarianism which appears to benefit the majority at the cost of the minorities and is based on the principle of maximum advantage for the maximum number and Intuitionism which is based on the decisions
fairness have a long tradition in Western civilization. In fact, no idea in Western civilization has been more consistently linked to ethics and morality than the idea of justice. From the Republic, written by the ancient Greek philosopher Plato, to A Theory of Justice, written by the late Harvard philosopher John Rawls, every major work on ethics has held that justice is part of the central core of morality. Justice means giving each person what he or she deserves or, in more traditional terms, giving
prison time, or capital punishment . Sentences for a criminals can be served in many different ways, and a getting arrested doesn’t always mean that you will end up in jail or prison. Alternative sentences can include different types of punishments which can be, suspended sentence, probation, fines, restitution, and community service and deferred adjudication/pretrial diversion. Commonly, the theory of retributive justice is ideologically based on the idea of punishment, which is valuable in a way
Plato was the most brilliant and famous disciple of Socrates. He was born in May-June 428/27 BC in Athens to a noble and aristocratic family. His real name was Aristocles meaning the best and renowned. His nickname Plato was given by the term platys, because of his broad and strong shoulders. He was very good in the study of music, poetry, mathematics and rhetoric. It was at the age of 20 that Plato met Socrates and since then was mesmerized by him. So deep was his influence on him that he gave up