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Retributive justice differ from restorative justice - Essay Example

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When one breaks the law, they forfeit their legal right to something of equal value. Justice necessitates that this penalty be enacted. This means that justice…
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Retributive justice differ from restorative justice
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"Retributive justice differ from restorative justice"

Download file to see previous pages This concept is foundational throughout the world. Restorative justice also known as reparative justice is an approach of justice whose focal point is on the wishes of the victims and the offenders and all the involved parties (“Restorative Justice Practice”). This approach does not look to satisfy the obvious legal principle that requires punishing an offender. These two forms of justice are very different from each other. The paper will focus on the differences between reparative justice and retributive justice.
The proof of retributive justice laws’ popularity is evident through ancient materials. For example, in the ancient Jewish community, this is shown in the Law of Moses; the law included punishments such as life for life. The opinion of whether a punishment is appropriate or fit enough for a certain crime varies greatly between the different cultures of the world.
Comparability necessitates that the height of castigation should be leveled virtually to the severity of the offence. At times the punishment does not always have to be equivalent to the offence (Retributive Justice). The retributive system makes compulsory to reprimand serious offence more callously than minor offence. Conventionally, theorists of chastisement have compared retributivism with utilitarianism. Utilitarian believe punishment is advanced and defensible by an alleged capability to achieve future social benefits such as crime decline. Retributionists believe that punishment is archaic and only justified by the offence that was committed and in agreement with the offence committed. According to people that believe in retributive justice, the seriousness of the crime is usually determined by the amount of harm caused by the offence.
Reparative justice involves the victims taking an active role in the restoration process whole the offenders are encouraged to take liability for their actions. This is by apologizing and returning property that was stolen. This form of ...Download file to see next pagesRead More
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