The Retributive And Utilitarian Theory Of Punishment

Punishment is any kind of negative penalty inflicted on the wrong doer to prevent him from doing wrong in the future. Though there is no specific definition for punishment, it implies all those acts that are required to teach the wrong doer a lesson. Taking a negative step towards the offender. Since the evolution of time, there have been many sociologists who have given their theories on punishment and how the offender should be punished. The theories vary in terms of approach taken to deal with punishment and the mindset of the offender. Sometimes the approach is to rectify the offender, give him a second chance to socialize in the community, or sometimes it is to give him a strict punishment. This paper will analyze the†¦show more content†¦But for a retributive theory to be more effective, theorists must focus on two aspects of it, whether the theory guides the legislature charged with enacting criminal law and also to the government officials and secondly the retributist theory must also focus on the scarcity of resources. It must take into consideration that legislature has limited budget and punishment should not exceed the resources allocated, as that would be against the social laws. Classical social activists consider that this is the most effective and justifiable form of punishment as it punishes a criminal and harsh ways are used to inflict punishment on him. This satisfies the vengeance theory of society that no one should go unpunished after committing a crime. It was designed to bring equality in the legal system of the society and that equal punishment should be granted and this equality should be measured in comparison to the wrong caused. For example, according to the retributist theorists, the punishment should be on the basis of the social norms. A society might view harm caused by cannabis less than the harm caused by use of cocaine’s this theory is circumstantial and depends on the nature of the crime and situation. The purpose of the retribution should be to deter the offender from committing the crime by inflicting equal punishment on him. This will send a message to the society that those who commit crime will not be spared. Utilitarian justice aims atShow MoreRelatedThe Utilitarian Theory Of Punishment1494 Words   |  6 PagesIn this paper I will defend both the proponents and principles of the utilitarian theory of punishment, namely addressing the utilitarian approach juxtaposed with the retributive. Before beginning to make claims in any direction, a brief and to-date synopsis of the utilitarian fundamentals regarding punishment will be necessary. From there, I will present the utilitarian theories of punishment as not only the most useful for a society, but also the best representation of criminal law being carriedRead MoreJustification And Justification Of The Penal System1171 Words   |  5 PagesPunishment in general can obviously be justified (in the traditional sense of the term) on utilitarian grounds. Nevertheless, usually its justification is not asked for. Because justification of punishment, in general is unnecessary. It is the justification of particular infliction of pain (or punishme nt) that can be enquired of. As a man can legitimately ask for justification of a particular law of a state. However, nobody enquires of the justification of legal system or of law in general. 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The sentencing guidelines, here in California, require a judge to adhere to PC §190a which states that, â€Å"Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life (CARead MoreIs Restorative Justice Gaing Support in South Africa?1503 Words   |  7 PagesIntroduction Punishment, central to any legal proceeding where the accused is found guilty, directly falls under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows the protection of society, results in more of a crime-free life for the offender and it gives offenders the chance to learn from their experience, and gain insight into their behaviour and allows victims to handle their injusticeRead MoreSentencing Theories And Theories Of Theories1464 Words   |  6 PagesQuestion 1 Sentencing theories what justify handing down a punishment for committing a crime or wrongdoing. Punishments infliction harm on the offender and therefore this needs to be justified. There are three main categories of sentencing theories, utilitarian theories, retributive theories and hybrid theories. Utilitarian theories follow the idea that the most ethical way to punish is the one which has the most benefit at the least cost. Retributive theories are concerned with the offender gettingRead MoreThe Concepts of Law, Authority and Justice Essays1187 Words   |  5 Pagesbe excused on the basis of ignorance or personal preference. Whenever a group of individuals live in a social group or society, they make rules which stipulate what behaviour is acceptable, and what behaviour is unacceptable and punishments for breaking the rules. These rules are what make up the laws within that society, this suggests that the rules and laws vary from society to society, and even within the same society over time. This is the case because the laws

Global Pursuit Of International Commerce - 1928 Words

3. Global Pursuit of International Commerce Today, globalization is a generic term, economic globalization demands key developments in trade, and these are finance and foreign direct reserves by multinational corporations. International trade has grown exponentially and has become a much more prominent influence over domestic and global economic businesses. Trade consumes a quarter of the total world income encompassing merchandise trade, banking, and information. (Ferguson, 2014). Export vendors and consumers benefit from the openness of the Internet yet organizations find themselves challenged with international businesses that have improved their productivity where transnational policy differences poses significant barriers. Global†¦show more content†¦More and more businesses have expanded their exchanges into the world markets because of the innovative technology advancements, assimilated financial systems, and openness of the Internet. Despite the technological progression, the majority of trade takes place in primary, advanced industrialized economies – U.S., Japan, and Western Europe. (Ferguson, 2014). In spite of the restricted nature of commercial globalization, transnational organizations play a significant role in the global economy. These entities have become major determinants of trade, industry locality, and other worldwide economic activities. Within the realm of the global economy, organizations must understand the principal forces altering global economic and political matters. A. International Commerce – Antitrust and Competition Enforcement and Free Trade The world of enforced trade competition or otherwise known as antitrust enforcement has now assumed a new dominance within global commerce. Trade and competition policy have always been viewed as influential between them. Essentially, both set forth balanced competition in the marketplace that benefits customers but doesn’t protect manufacturers. (Heather, 2014). Promoting competition through antitrust or trade competition is no easy undertaking. The challenge is prominent through foreign direct

The Bad Secret of How to Research Paper

The Bad Secret of How to Research Paper The Foolproof How to Research Paper Strategy Then, you've got to schedule your paper and make a decision as to what amount of time you'll be able to afford to devote to working on your academic paper even if it's the previous minute. A great outline has become the most significant step in writing a great paper. At this time, your task is to write for 30 minutes straight so you can receive all the ideas on paper. When you submit your paper, make sure to keep a safe copy. If you should write only 1 paper at the conclusion of the period, you can breathe out as you are blessed. Furthermore, each paper must pass an exhaustive check for plagiarism. Write a last paper and double check it Once you've revised your research paper, you can begin working on the last edition. 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