This question does not arise in retributive theory. Philosophical analysis of the theories of punishment in. An introduction to jeremy benthams theory of punishment. I begin my inquiry by expounding on the history of retributive and utilitarian theories of punishment, and the specific concepts. Retributive punishment is neither cruel nor barbaric but civilized because. If we focus on the good of the community to justify our. Punishment is an end in itself but utility theory is means to an end. Garland confronts the greatest excesses of foucault in beyond the power perspective. The retributive and utilitarian theory of punishment. Pdf an attributional examination of retributive versus. Its main focus is punishment should be an option if it is going to produce an overall good. Retributive theories of punishment emphasize the past by taking punish ment to be the deserved consequent of criminal acts. A humanitarian theory is a variation of utilitarian theory that advocates therapy and treatment, not punishment. For an overview of sentencing bands in indiana for both misdemeanors and.
Utilitarian and retributive punishment 93 smart then suggests that some of the implications of any ethical theory will be unsatisfactory and goes on to commend utilitarianism as more satisfactory than other theories. Retributive justice relies on the principle of lax talionis, which requires imposing. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that she suffers in return. Utilitarianism, punishment, and ideal proportionality in. We discussed the first on april 15 and the second on april 20. Mccloskey, a non utilitarian approach to punishment, inquiry, viii.
But there is no denying the fact that it should be proportional to the crime irrespective of the underlying purpose be it in the just desert model or utilitarian and individualised punishment. Pdf an attributional examination of retributive versus utilitarian. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Utilitarians therefore, have a prima facie difficult time justifying punishment. Retribution and the theory of punishments he idea that retribution, along with prevention of crime t and reformation of convicted criminals, plays a role in the nature and practice of punishment is a common theme in accounts of punishment at least since t. There is a growing literature on the theories of punishment.
There you have the retributive theory propounded by the. In this article, i advance a new conceptual spin on the mixed theorist approach to criminal punishment one that can hopefully. Retributive goals and judgments of punishment deservingness and justness were prevalent when the transgressor had high control and stability, whereas utilitarian goals and corrective instruction. These theories eventually led to the development of other theories on deterrence, retribution, incapacitation, rehabilitation, and restorative justice banks. What is good in itself is just that there is more pleasure and less pain. Theories of punishment, contain generally policies regarding theories of punishment namely. The utilitarian theory seeks to punish offenders to discourage future wrongdoing. The theories about punishment and justice can pretty much be categorized into three ideas. There are two of these theories, namely, utilitarian and retributive theories. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Retribution is a theory of punishment founded on the belief that those who commit crimes should be punished, and that the severity of the punishment should be proportional to the crime committed.
Punishmentretribution, rehabilitation, and deterrence. Thus, the two questions bentham wishes to apply utilitarian moral theory to answer are. Social norms, necessity, and social desirability are some of the factors that lawmakers balance when developing punishment statutes. Retribution is different from revenge because retributive justice is directed only at wrongs. Retributive and deterrent theories of punishment youtube. In its application, however, proportionality cannot be so easily measured, and this can cause a disparity between theory and practice. The theories of punishment can be categorised into four philosophies, the utilitarian philosophy, the retributive philosophy, the abolition philosophy and the denunciation philosophy. A few proponents of retributive punishment, most prominently philosopher michael moore,5 have attempted to resolve the dilemma of differential punishment by 1. Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. Only a few short decades ago, mabbott stated that in the theory of punishment, retribution has been. In the retributivist theory of punishment, the punishment is seen as a form of payback for the crimes one has committed.
The retributive stance on punishment states that punishment is necessary, and indeed, justified, on the basis that the act of committing crime deserves punishment. The dichotomy of retributive justice vs utilitarian justice largely reflects the distinction between a consequentialist and nonconsequentialist approach to policy see duff and garland 1994. Bradleys utilitarian theory of punishment chicago journals. Much debate surrounds how to punish criminal offenders. Under retributive justice schemes, it is also important that offenders actually be guilty of the crime for which a penalty has been imposed. The philosopher immanuel kant believed that his retributive theories of justice were based in logic and reason. Retributive it makes criminals suffer for what they have done wrong, deterrent the aim of punishment is to stop people from committing crimes, and reformative the object of punishment. Bagaric, mirko in defence of a utilitarian theory of punishment. Utilitarian theory of punishment 97 about the purposes of sentencing, and it is at this stage that the just deserts approach has been influential in many of the jurisdictions mentioned.
Utilitarian theories focus on the greater good of society, and any punishment should benefit the society as a whole. These families are known as criticallevel utilitarianism and criticallevel generalized utilitarianism. The philosophical debate on punishment converges on the two main theories, namely the retributive and utilitarian. Utilitarian and retributivist theories of punishment. Punishment retribution, rehabilitation, and deterrence introduction thus far we have examined issues of vice in american law and asked if they should or. Retributive, utilitarian and rehabilitative justice compared. Two theories of utilitarian and retributive punishment 1561 words 7 pages. Theories of punishment can be divided into two general philosophies.
The concept of punishment exists in many different forms, each with conflicting views on how to best approach an offence committed by individuals. Utilitarian concerns play a major role in his theory. One gave an overview of the utilitarian and retributive justifications of punishment. The strengths and limits of the theory of retributive punishment. An attributional examination of retributive versus. Reform and deterrence are the theories accepted in principle and increasingly influential in practice. Within the utilita rian theory, the perpetrator is sentenced for. This utility outweighs the suffering inflicted on offenders by the act of punishment. Retributive justice stanford encyclopedia of philosophy. Not sure if you can write a paper on utilitarian and retributivist theories of punishment by yourself. When the utilitarian and retributive principles lead us to the same conclusion, that is a most felicitous circumstance.
Utilitarianism is one of several ethical theories addressing the question of how to assess the goodness of any state of affairs. We will write a custom essay on utilitarian and retributivist theories of punishment specifically for you. Prevention of future crimes or rehabilitation of the offender are other purposes of punishment. On the utilitarian and retributive justifications of.
Utilitarian theories are, therefore, often called consequentialist or instrumentalist theories. Traditionally, deontological justifications, utilitarian justifications, or a mix of the two have been advanced to justify the imposition of punishment upon wrongdoers. In essence, most but not all can fit into two camps, utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. Therefore, utilitarian theories are evaluated on parameters of success and failure. Two basic goals of punishment retribution and utilityand the means to those goals, including isolation, rehabilitation, and the creation of fear, were first examined. The concept of retributive justice has been used in a variety of ways, but it is best understood as that form of justice committed to the following three principles. It was documented that punishment goals are mediated by the expectancies and affects that are elicited by causal beliefs. A critical analysis of retributive punishment as a. True deterrence doctrine, according to the utilitarian philosophy of jeremy bentham, allows for the punishment of innocent individuals if doing so would serve a valuable societal function e. Pdf two basic goals of punishmentretribution and utilityand the means to those. The retributive view of punishment is pastlooking which is paying back by the offender.
Retributive justice in the real world brooklyn law school. Karl menninger, whose views we considered in chapter two, gives such a theory. The retributive or retributivist theory of justice considers punishment as an intrinsically appropriate. One of the features of utilitarian theories of punishment is that it focuses on the community, not the individual. Posted by andrew on may 5, 2012 in criminal law, key concepts 0 comments. Study 90 terms adjwondershareqs flashcards quizlet.
The other presented what he called the expressive theory of punishment. Two theories stand at the forefront of punishment being that of the utilitarian, and retributive theories. This comment argues that the answer to this question, while complex, is ultimately no. Punishment may have retributive just deserved or utilitarian philosophical underpinnings depending upon the leanings of the governing class. Retributivist utalitarian theories justification criminal. It is not easy to sum the aspects of each without lengthy discussion. On the one side of the coin, the utilitarian theory of punishment stays, on the other, the retributive system. Punishment theories of punishment utilitarian, society, theory. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Apparently most of these theories constitute the basic discipline justification often invoked by society to punish offenders either to avenge a past misdeed, or deter future wrongdoing. The strengths and limits of the theory of retributive. Retributive, utilitarian and rehabilitative justice compared the three justice theories or views, which include utilitarianism, rehabilitative or a retributive style of justice, are multifaceted.
The idea of deterrence is falsely depicted as the utilitarian contribution to the theory of punishment, while deterrence in fact. For menninger, punishment is nothing but the infliction of pain and suffering. In the history of ideas, the most distinguished proponents and. It also requires that the response to a crime is proportional to the offence. The objectives of punishment were then related to attributions regarding the cause of a transgression. This theory appears to be more humane, punishment at best would be a necessary evil. The justification for the practice of legal punishment is found in its supposed beneficial effects utility for the future.
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