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Philosphy - Essay Example

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The Retributive Theory of Punishment This paper will discuss the Marshall’s conception of Retribution and the employment of his specific meaning correlating with the theory of Retributive Theory of Punishment. Marshall’s conception will build a case, within his interpretation of Kantian Ethics, for the abandonment of the Death Penalty…
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Philosphy
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Download file to see previous pages The difference must be made between the case of Osma Bin Laden, and a murder case occasioned by an instant passion. Death Penalty should be abandoned. However, the time for the idea to get realized would be decided by healthy social conditions. Theories of Punishment In its Hammurabi’s sense the retribution stands for letting punishment fit the crime as eye for an eye, or hand for a hand, or life for a life. There is no place in this conception for replacing the consequence of crime with any thing other than the nature of committed crime. For Utilitarians, however, punishment should look for consequences resulting through the incurring of punishment. The Utilitarians put forward Deterrent and Reformative punishment theories. Deterrent means to punish others in order to deter from committing crime. It may be expressed in a dictum of a judge, “you are not punished for stealing sheep, but in order that sheep may not be stolen (Mackenzie 374).” This theory is oppressive in nature and considers human being as a thing. The Reformative theory of punishment emphasizes on changing the structure and thought of human being, compulsory volunteer service and social services are the examples of this theory. Retribution as connection between Punishment and Guilt Retributive theory of punishment aims to make a return of a man’s deed upon his own head. For Mackenzie, the aim of Retribution is to make it apparent that the evil consequences of his acts are not merely evils to others, but evils in which he is himself involved. Retributive theory therefore emphasizes upon facing the similar consequences as that of the committed crime. Being different from the other two theories, and often interpreted in its literal meaning, the important meanings of this theory remain hidden. The aim of retribution is to make connection between punishment and guilt, that is, to develop a sense of guilt regarding the crime. Retribution as expression of Moral outrage There is an aspect and meaning of retribution that becomes operative in certain situation in order to try to answer the question whether some social phenomenon should be punished because it is violating the moral order of the society? Morality works upon the defined and prevailed conception of human being and the owned world-view, this may include religious position. The retributive theory, understood in its literal sense, may operate to curb the increase of a social phenomenon endangering the social moral order, and thus may operate as a utilitarian principle. For example, the increase of the crime rate in juvenile may trigger an operation against such groups to keep control of social moral order. Popular Instinct Retribution may be seen through the upsurge of popular instinct. In this situation, the need to go deep into the reality, and placing event within discursive world, does not play a role. The popular instincts decide retributively the punishment for the crime. For example, a rape of a female in a village may invoke a popular reaction that results into a strict punishment. In this situation, no other shade of retribution will be looked upon. Purely retributive justification It is difficult to understand the concept pure, as it may mean going back directly to Hammurabi’s literal intention and may mean understanding retribution only in the sense of an eye for an eye and ...Download file to see next pagesRead More
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