An Eye for an Eye Will Turn the Whole World Blind: a Critical Study with Respect to the Adoption of Reformative Theory of Punishment

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Chapter one
INTRODUCTION
This line by Mahatma Gandhi is the thrust of the Reformative Theory of Punishment . The most recent and the most humane of all theories are based on the principle of reforming the legal offenders through individual treatment. Not looking to criminals as inhuman this theory puts forward the changing nature of the modern society where it presently looks into the fact that all other theories have failed to put forward any such stable theory, which would prevent the occurrence of further crime. Reform in the deterrent sense implied that through being punished the offender recognized his guilt and wished to change. This theory aims at rehabilitating the offender to the norms of the society i.e. into law-abiding member. This theory condemns all kinds of corporal punishments. Though this theory works stupendously for the correction of juveniles and first time criminals, but in the case of a hardened criminal this theory may not work with the effectiveness. "Crime is behaviour or action that is punishable by criminal law. A crime is a public wrong, as opposed to a moral, wrong; it is an offence committed against (and hence punishable by) the state or the community at large. Many crimes are immoral, but not all actions considered immoral are illegal." According to Durkheim, "crime exists in every society which do and do not have laws, courts and the police. He asserts that all societies have crime, since all societies involve a differentiation between two kinds of actions, those that are allowed and those that are forbidden. He calls the latter type criminals." The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. It has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in practice. Reformative theory forms a crucial part of the theory of criminal justice. This theory aims at rehabilitating the offender to the norms of the society i.e. into law-abiding member. This theory condemns all kinds of corporal punishments. These aim at transforming the law-offenders in such a way that the inmates of the peno-correctional institutions can lead a life like a normal citizen. These prisons or correctional homes as they are termed humanly treat the inmates and release them as soon as they feel that they are fit to mix up with the other members of the community. The reformation generally takes place either through probation or parole as measures for reforming criminals. It looks at the seclusion of the criminals from the society as an attempt to reform them and to prevent the person from social ostracism. Though this theory works stupendously for the correction of juveniles and first time criminals, but in the case of hardened criminals this theory may not work with the effectiveness. In these cases come the importance of the deterrence theories and the retributive theories. Thus each of these four theories has their own pros and cons and each being important in it, none can be ignored as such. Reform theory argues that the amount of punishment should be enough to cause reform in the offender. Reaction to crimes has been different at different stages of civilization and even at a given time they have been different in different society at a given time. The attitude towards criminal has always been coloured by extreme types of emotions displayed by society. In words of Elmer Hubert Johnson11 the criminal may be described as monster or be pictured as a hunted animal or as the helpless victim of brutality.

Chapter Two
CONCEPT OF LEX TALIONIS
An eye for an eye is the principle that a person who has injured another person is similarly injured in retribution, or according to other interpretations the victim receives the value of the injury in compensation. According to Jewish interpretations the victim in criminal law gets financial compensation based on the law of human...
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