This may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance. It also suggests that punishment might turn out never to be right, depending on the facts about what actual consequences it has.
The retributivist will think consequentialism is mistaken. If someone does something wrong we must respond by punishing for the committed action itself, regardless of what outcomes punishment produces. Wrongdoing must be balanced or made good in some way, and so the criminal deserves to be punished.
It says that all guilty people, and only guilty people, deserve appropriate punishment. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. Restorative justice also sometimes called "reparative justice" is an approach to justice that focuses on the needs of victims and offenders, instead of satisfying abstract legal principles or punishing the offender.
It is based on a theory of justice that considers crime and wrongdoing to be an offense against an individual or community rather than the state. Restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability. Some modern philosophers have argued that Utilitarian and Retributive theories are not mutually exclusive.
For example, Andrew von Hirsch , in his book Doing Justice , suggested that we have a moral obligation to punish greater crimes more than lesser ones. However, so long as we adhere to that constraint then utilitarian ideals would play a significant secondary role. It has been argued  that 'systematic' or 'programmatic' political and moral philosophy in the West begins, in Plato 's Republic , with the question, 'What is Justice? Such approaches cite various examples of injustice, as problems which a theory of justice must overcome.
A number of post-World War II approaches do, however, challenge that seemingly obvious dualism between those two concepts. Justice is the concept of cardinal virtues , of which it is one. Metaphysical justice has often been associated with concepts of fate , reincarnation or Divine Providence , i. The association of justice with fairness is thus historically and culturally inalienable. Law raises important and complex issues concerning equality, fairness, and justice. There is an old saying that ' All are equal before the law '. The belief in equality before the law is called legal egalitarianism.
In criticism of this belief, the author Anatole France said in , "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Equality before the law is one of the basic principles of classical liberalism.
Theories of Property: Aristotle to the Present
Jews , Muslims and Christians traditionally believe that justice is a present, real, right, and, specifically, governing concept along with mercy , and that justice is ultimately derived from and held by God. According to the Bible , such institutions as the Mosaic Law were created by God to require the Israelites to live by and apply His standards of justice. The Hebrew Bible describes God as saying about the Judeo-Christian patriarch Abraham : "No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; The Psalmist describes God as having "Righteousness and justice [as] the foundation of [His] throne; The New Testament also describes God and Jesus Christ as having and displaying justice, often in comparison with God displaying and supporting mercy Matthew In criminal law , a sentence forms the final explicit act of a judge -ruled process, and also the symbolic principal act connected to his function.
Laws may specify the range of penalties that can be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given a certain set of offense and offender characteristics. The most common purposes of sentencing in legal theory are:.
Most frequently terms
In civil cases the decision is usually known as a verdict , or judgment, rather than a sentence. Civil cases are settled primarily by means of monetary compensation for harm done " damages " and orders intended to prevent future harm for example injunctions. Under some legal systems an award of damages involves some scope for retribution, denunciation and deterrence, by means of additional categories of damages beyond simple compensation, covering a punitive effect, social disapprobation, and potentially, deterrence , and occasionally disgorgement forfeit of any gain, even if no loss was caused to the other party.
Evolutionary ethics and an argued evolution of morality suggest evolutionary bases for the concept of justice. Biosocial criminology research argues that human perceptions of what is appropriate criminal justice are based on how to respond to crimes in the ancestral small-group environment and that these responses may not always be appropriate for today's societies.
Studies at UCLA in have indicated that reactions to fairness are "wired" into the brain and that, "Fairness is activating the same part of the brain that responds to food in rats This is consistent with the notion that being treated fairly satisfies a basic need".
In a world where people are interconnected but they disagree, institutions are required to instantiate ideals of justice. Justice is an ideal the world fails to live up to, sometimes due to deliberate opposition to justice despite understanding, which could be disastrous.
The question of institutive justice raises issues of legitimacy , procedure , codification and interpretation , which are considered by legal theorists and by philosophers of law. From Wikipedia, the free encyclopedia. For the book, see A Theory of Justice.
- Essay on John Locke;
- The Correspondence Theory of Truth;
- Classical Theories - Aristotle and Plato Essay;
For other uses, see Justice disambiguation. Concept of moral fairness and administration of the law. Main article: The Republic Plato.
Theories of Property: Aristotle to the Present by Anthony J. Parel
Main article: Divine command theory. See also: Divine command. Main article: Natural law. Further information: The Republic Plato. Main article: Social contract. Main article: Distributive justice. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. February Learn how and when to remove this template message. Main article: Social justice. This article needs additional citations for verification.
- Theories of property : Aristotle to the present : essays (Book, ) [coltiotfincacas.gq].
- What is Eudaimonia? Aristotle and Eudaimonic Well-Being.
- A Brief History of Eudaimonia?
- A Reply to Kelsen's Critique of Aristotle's Concept of Justice.
- Essay on John Locke | Bartleby.
Please help improve this article by adding citations to reliable sources. Further information: Libertarianism , Entitlement theory , and Constitutional economics. Main article: Utilitarianism. Main article: Retributive justice. Main article: Restorative justice.
Further information: Justice virtue and Cardinal virtues. Main article: Law. Distributive justice Environmental justice Injustice Occupational injustice Open justice Organizational justice Poetic justice Social justice Spatial justice. Oxford Dictionaries English. Retrieved 13 November Theory and Society. Social behavior; its elementary forms Rev. New York: Harcourt, Brace, Jovanovich. Friedrich August Retrieved 3 May Ten, 'Crime and Punishment' in Peter Singer ed.
Richard Madsen and Tracy B. UCLA Newsroom. Retrieved 15 January Types of justice. Frontier Poetic. Schools of thought. Mazdakism Zoroastrianism Zurvanism.
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Preview — Theories of Property by Anthony J. Parel ,. Thomas Flanagan Editor. The essays in this book began as a contributions to a Summer Workshop arranged by the Calgary Institute for the Humanities, and haled at the University of Calgary from July 7 to 14, The Institute, which was founded by the University in for the encouragement of humanistic studies, has held such conferences each summer as a part of its programme of research. Get A Copy. Paperback , pages. More Details Other Editions 2.
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