Wednesday, June 19, 2019
Philosophy of Punishment Essay Example | Topics and Well Written Essays - 750 words
Philosophy of Punishment - Essay ExampleHowever, the concept of punishment as largely arisen from a retributive practice as a form of providing justification for the victim (Alexander 2012). A greater liberal justification of punishment is the smell out of isolating and getting rid of all threats in the society so as to achieve social order and to ensure that criminal aggression is unbroken within control (Bedau 2010). The jeopardize punishments are deemed to be necessary as due process of law. In the modern day, punishment is defined as both form of pain, suffering, confinement or loss that has been imposed by auhtoruty on a person for an offense (the authority having the subject for the offense). However, the definition of punishment too needs to include the effects and incidents related to the punishment including exclusions to be made. Early man caused punishment to include destruction of those objects or people who harmed or threatened to harm society or property. In this p aper, the broad philosophies of punishment would be considered along with the various pretences that are being used (Alexander 2012). Body The first model of punishment being considered is retribution. Retribution is a theory of justice that punishment should be appropriate or proportionate to the type and seriousness of the nuisance with the puzzle of achieving satisfaction and psychological benefits for the aggrieved party and the society in general. Often the saying goes an eye for an eye and a tooth for a tooth, wherein the severity of the punishment should be ground on the severity of the wrongdoing. According to Michael Davis, a philosopher, the amount of punishment as per retributive justice should be based on the amount of unfair gain that has been gained by the wrongdoer. In proposing such a theory, he wanted greater reform in the reformative justice being done. Following the development of this theory, adjudicate considered the mitigating factors for various curses based on the situations existing (Bedau 2010). Vengeance or revenge is more of harmful form of action as a reaction to crime and a form of grievance and may be based on societal rules. Over time vengeance has evolved and today is being implemented with greater social cohesion. Death penalty is a form vengeance wherein some societies have it even for other crimes such as child rape. Many religions such as Christianity and Buddhism go against the concept of revenge. Vengeance may be considered as a form of retribution. However, in todays justice system, punishment has bypast much more beyond mere revenge with an intention of protecting society in general (Bright 1995). Deterrence considers that punishment is necessary for any crime and should often be based on the gravity of the crime, so that the crimes are avoided not only by the offender, but also by other authorisation offenders that may be present in society. There are 2 types of deterrences, namely general deterrence and spe cial(prenominal) deterrence. In general deterrence, specific events would help to prevent crimes in general, so that unintended behavior is removed from society. In specific deterrenc
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