Theories of Punishment with Special Focus on Reformative Theory Neetij Rai Abstract: As Hobbes said that in the state of nature people were nasty‚ brutish and their life was short. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. In Rousseau‟s view‚ the social contract was done for the security of property and liberty. Thus from the very beginning of the origin of state‚ the concept of crime and ways of preventing it or if not‚ punishing
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Theories of why we punish offenders are crucial to the understanding of criminal law; in fact it is not easy to define legal punishment‚ however one thing is clear within the different theories of punishment is that they all require justification.[1] There are many theories of punishment yet they are predominantly broken down into two main categories. The utilitarian theory seeks to punish offenders to discourage‚ or “deter‚” future wrong doing. The retributive theory seeks to punish offenders
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On Criminal Law–Theories of Punishment July 22‚ 2009 In my criminal law class at law school‚ we discussed four basic theories of “why we punish”: deterrence (“to keep them from doing it”)‚ incarceration (“to keep those who do it away from us”)‚ rehabilitation (“to help them stop doing it”)‚ and retribution (“because they deserve it”). Any punishment should fall in line with your basic theory of punishment. It seems to me that each theory of punishment‚ when applied and examined‚ ends up needing
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Upon inspection of the Criminal Code Act 1899 Queensland it is apparent that the law does not adequately punish criminal offenders or protect innocent citizens in the Queensland Criminal Justice System. All that is required is a superficial reading of this parliamentary document to understand where the problem lies. A brief flip through would allow even the most inexperienced of readers to glean that many crimes are given a specified maximum penalty and yet many are left with no minimum penalty to
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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.
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Philosophy 338 Professor Hubin THE UTILITARIAN THEORY OF PUNISHMENT I. Utilitarian Theories of Punishment: Utilitarian justifications are forward-looking (consequentialistic) in nature. All of the questions about the justification of punishment (general justification‚ title and severity) will be answered by appeal to the utility (value) of the consequences of an action. A. The General Justification: All punishment is‚ according to the utilitarian‚ intrinsically bad‚ because it involves the
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Joseph Chehova Professor Gotlib Presentation Paper Theory of Punishment Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today‚ this definition may pass as true for many governments‚ but years ago when philosophers were discussing ideas about government and laws‚ one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment‚ and deciding the purpose behind punishing people. Joel
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behavior concerns the extent to which punishment diminishes a convict’s likelihood of committing crimes in the future (Green et al.‚ 2010). Many empirical studies over the years have explored the idea of the deterrence theory‚ but the results are mixed. Some studies suggest that those who are punished more severely become less likely to reoffend; others contend that they become more likely to reoffend; and still others find no relationship between punishment and recidivism (Green et al.‚ 2010).
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and Punishment (1977) pp195-228‚ Foucault describe panopticon as “mechanism that coerces by means of observation”(pp:195)‚ at the time of writing his theory‚ there was a lot that was going on around Foucault such as the disband of the soviet union in china had led to a rethinking of socialism‚ changes in term of the nature of production as well as the industrialisation all of these led to a rethinking of theory of discipline and punishment. In the book‚ Foucault offers theory of punishment in modern
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skills students were introduced to in the first semester in SCY1100. • To consolidate understanding of basic concepts and theories in the discipline of sociology. • To further develop analytical‚ argumentation and critical skills. Unit Objectives By the end of this semester students are expected to: • Have a basic knowledge of major sociological concepts and theories. • Have acquired an understanding of the sociological perspective. • Have developed the fundamental library research skills
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