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Overview of Retributive Theory

Retributive theory is based on the principle of "an eye for an eye" and holds that wrongdoers should be punished proportionately to their offense. It views punishment as an end in itself to balance the scales of justice. According to this theory, punishment is a remedy for injustice and a lesson to society. However, it is not without flaws as it lacks guidelines for proportionate punishment and punishments like the death sentence are not acceptable in modern societies. Overall, the document examines the key tenets of the retributive theory of punishment but concludes it is not suitable for a civilized society.

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54 views9 pages

Overview of Retributive Theory

Retributive theory is based on the principle of "an eye for an eye" and holds that wrongdoers should be punished proportionately to their offense. It views punishment as an end in itself to balance the scales of justice. According to this theory, punishment is a remedy for injustice and a lesson to society. However, it is not without flaws as it lacks guidelines for proportionate punishment and punishments like the death sentence are not acceptable in modern societies. Overall, the document examines the key tenets of the retributive theory of punishment but concludes it is not suitable for a civilized society.

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susan
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RETRIBUTIVE THEORY

Submitted By:Rani Paul


3 2 LLB
INTRODUCTION
Punishment is the sanction imposed on the offender.

Various theories are advocated by jurist for the imposition of


punishment on offenders.

According to Salmond : Crime is an act deemed by law to be


harmful for the society as a whole though its immediate victim
may be an individual.
TYPES OF PUNISHMENT

 Deterrent Theory
 Retributive Theory
 Preventive Theory
 Reformative Theory
 Expiatory Theory
THEORIES OF PUNISHMENT

Divided into two:

a)Utilitarian Theory
b)Retributive Theory
Retributive theory

Based on principle “Eye for an eye .Tooth for a tooth.” It existed in


primitive society.
Retribution basically means that wrongdoer pays for his wrongdoing.

According to Justice Holmes : It is commonly known that the early forms


of legal procedure were grounded in vengeance .

Plato was an exponent of Retributive Theory . According to him


chastisement is the remedy for injustice.
DOCTRINES TO UNDERSTAND

 Doctrine of societal personification

 Doctrine of correctional vengeance


MERITS OF RETRIBUTIVE THEORY

 Simple. Punishment is an end in itself.


 Its neither cruel nor barbaric
 Its impartial and neutral
 Treat human beings with dignity and honor by
saying punishment is an end in itself.
 It’s a lesson to all members of society.
DEMERITS OF RETRIBUTIVE THEORY

 No guidelines for proportionate punishment


 Punishment is not an end in itself
 Punishments like death sentence are not
acceptable to modern civilized society
CONCLUSION

Retributive theory is not acceptable in a civilized


society.
Punishment is a disease that need to be cured rather
than prevented.
Theory doesn’t take factors like mental, physical and
social status of criminal.
Above all, punishment should be inflicted very carefully.

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