The researcher in this chapter would like to discuss the various theories and explain the pros and cons of each theory. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social. Punishment is seen as a deterrent to further wrongdoing and the stricter it is the more effective they imagine it will be. According to this theory repentance or expiation by offender itself is a punishment. Administration of justice theories of punishment punishment according to dictionary involves the infliction of pain or forfeiture, it is infliction of penalty.
Deterrent theory i do not punish you for stealing the ship, but so that the ship may not be stolen the central cynosure of the theory. From these premises, ihering laid down his theory of punishment and gave his analysis. The idea behind expiation theory is that the current justice system. At times, severe punishments like death by stoning or. Jun 25, 2018 discuss the various theories of punishment the purpose of punishment is explained by various theories. Although it is undeniable that throughout his published writings on practical philosophy and in particular in his. The history of punishment by lewis lyons, published by. A criminal is punished to be made an example of to prevent others from committing the same crime. In older times, injured person takes revenge by causing injury to other. According to this theory the aim of punishment is to prevent or deter others from committing similar offences. Perspectives on the effects of corporal punishment. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is.
Hegel and the unified theory of punishment request pdf. If the sole purpose behind punishment is to cause physical pain. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. According to this theory punishment is necessary for the purification of the offender. Weekly course the indian penal code by tina malhotra. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes. Discuss the various theories of punishment the purpose of punishment is explained by various theories. Submitted to submitted by deterrent theory i do not punish you for stealing the ship, but so that the ship may not be stolen the central cynosure of the theory. Punishment is identified by infliction of pain, forfeiture, chastisement, castigation or penalty.
Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. It is an excellent way for him or her to understand the consequences of actions. Which of the following is a theory of punishment that argues that the reason for punishment is to stop the specific person and others from doing the same criminal act. Not only to prevent the wrongdoer from doing a wrong, but also to make him an example for others, calculated to curb criminal tendency in others. Glaeser and bruce sacerdote april 2000 abstract does the economic model of optimal punishment e x plain the variation in the sentencing of murderers. A new reading of kant s theory of punishment robert r. The immediate consequence that follows a criminal act is known as punishment. Theories of punishment legal definition of theories of. Punishment before all things is deterrent, and the chief end of the law of crime is to make the evildoer an example and a warning to all that are likeminded with him.
The expiatory theory was based on moral principles, had little to do with law or legal concept. Firstly, a kid who falls down and kicks the floor inadvertently. A different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens. Theories of punishment can be divided into two general philosophies. This distinction of overlapping spheres of authority is reflected in the treatment of misconduct. Theories of punishment for safe, orderly, peaceful and prosperous society to exist and flourish the following tools of theory are found to be good guides. Offences against public tranquility section 141160.
Specula tion, unchecked by constant reference to historical facts, has always resulted in theories of an imaginary punish. If the offender expiates or repents, he must be forgive. Joes expiatory punishment was in accord for his wrongdoing. Under the utilitarian philosophy, laws should be used. The unified theory provides us with the coherent framework that can justify their inclusion and illuminate their implementation in practice. Theory of punishment can be classified as below i deterrent theory ii preventive theory. Theories of punishment free download as powerpoint presentation. Deterrence and retributive are examples of classical and nonclassical philosophies. Theories of punishment with special focus on reformative. E expiatory theory under this theory, it is believed that if the offender. The retributive theory seeks to punish offenders because they deserve to be punished.
A punishment to the wrongdoer who is made to suffer in proportion to the severity of wrongdoing. His parents were very hard working and deeply religious people, but so poor. The unified theory of punishment helps public policy decisionmaking and should be taken into account when we decide. The unified theory of punishment is found in thom brooks, punishment routledge, 2012. Retributive theory works under the penal laws and expiation theory is akin to the law of torts.
The seventh chapter of the mahanirvana tantra siva addresses the goddess kali as the supreme yogini, for at the end of time she devours siva, the devourer of time himself feuerstein sanskeit feuerstein, georg tantra. Deterrence, incapacitation and ven geance edward l. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Crime and punishment 2 of 967 translators preface a few words about dostoevsky himself may help the english reader to understand his work. Feb 04, 2008 this distinction of overlapping spheres of authority is reflected in the treatment of misconduct. The history of punishment by lewis lyons, published by amber books, 2003. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose.
His parents were very hard working and deeply religious people, but so poor that they lived with their five children in only two rooms. Indiana university press, 1972 social science 401 pages. This theory is more related to ancient religious perceptions regarding crime and punishment when prisoners were placed in isolated cells to repent or expiate for their crime or guilt from the core of their heart and resolve to shun crime. Expiatory theory of punishment was prevalent in ancient indian criminal law. The mahanirvana tantra is known as the great tantra because it contains all the dharmmas, while the others deal with one subject only. Scribd is the worlds largest social reading and publishing site. Expiatory theory under this theory, it is believed that if the. The founder of this theory, jeremy bentham, based his theory of determine on the principle of hedonism which said that a man would be deterred from committing a crime if the punishment applied was swift, certain and severe. In addition, we will give voice to some major objections to the utilitarian theory. Western ethics theories of punishment for competitive. Ii, november i978 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. Jun 06, 2019 the seventh chapter of the mahanirvana tantra siva addresses the goddess kali as the supreme yogini, for at the end of time she devours siva, the devourer of time himself feuerstein sanskeit feuerstein, georg tantra. Feb 09, 2012 theories of punishment free download as powerpoint presentation.
Thus, punishment is defined as suffering, loss, pain, or any other penalty that is. The early mesopotamian cultures were perhaps the first organized civilizations with permanent residences. However, the expiation theory could not be a solution in cases of murder, plunders, rapes, kidnapping, thefts, etc. What is the difference between retributive theory and. A detailed discussion is done on theories of punishment. To be deducted from this assertion is the fact that punishment is administered because of, not in order to as held by utilitarian view. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. As the model predicts, we find that murderers with a high expected probability of recidivism receive longer. The penologists criticise the expiation theory opining that this theory is sufficient to meet the less serious type of offences, such as abuse, assault, defamation, trespass, torts, etc. Theories of punishment with special focus on reformative theory. Discuss the various theories of punishment bharti ias. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. Nov 27, 2018 a different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens.
Page2 theories of punishment or, kinds of punishment under criminal. Piagets theory of moral development simply psychology. Paint called this retributive justice or expiatory punishment because punishment is seen as an act of retribution or revenge. We pay the penalty because we owe it, and for no other reason. Administration of justice theories of punishment,free. This theory considers punishment as an evil, but is necessary to maintain order in the society. If you like young children have a very old testament view of punishment an eye for an eye. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. For instance, a child caught stealing from a store might be required to help with sweeping up the store after school for a week.
Hoffman paul guyer there are deep, insurmountable difficulties with the traditional interpretation of immanuel kant s writings on the subject of punishment. Expiatory theory of punishment is the one where if the offender realises its mistake, then the offender is forgiven of the crime. Some of the examples are death punishment, life time imprisonment, etc. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. However, the expiation theory could not be a solution in cases of murder, plunders, rapes. To be classified as a crime, the act of doing something bad actus reus must be usually accompanied by the intention to do something bad mens rea, with certain exceptions strict liability. Critical analysis of theories of punishment mere denunciation of crime is not enough. The purpose of this book is to explore punishments from a comparative.
Philosophical analysis of the theories of punishment in. Rai, neetij, theories of punishment with special focus on reformative theory may. This article describes the difference between retributive theory and expiation theory. Deterrent theory i do not punish you for stealing the ship, but so that. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Short essay on the preventive theory of punishment. This theory is peculiar in nature which is properly explained in hindu jurisprudence.
569 762 611 453 270 453 453 730 456 147 1352 374 851 128 1112 658 122 193 954 896 1006 257 1164 250 582 371 1030 22 918 523 1483 218 755