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- The term “retribution” means, in the simplest sense, revenge. Retribution in the legal world refers to the act of setting a punishment for someone that “fits the crime.” In other words, an eye for an eye, or “do unto others as you would have done unto you.”
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Mar 1, 2009 · This article reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment.
- Brian Rosebury
- 2009
- Revenge is predominantly emotional; justice primarily rational. Revenge is mostly about “acting out” (typically through violence) markedly negative emotions.
- Revenge is, by nature, personal; justice is impersonal, impartial, and both a social and legal phenomenon. The driving impetus behind revenge is to get even, to carry out a private vendetta, or to achieve what, subjectively, might be described as personal justice.
- Revenge is an act of vindictiveness; justice, of vindication. The intense effort to avenge oneself or others can easily become corrupting, morally reducing the avenger’s status to that of the perpetrator.
- Revenge is about cycles; justice is about closure. Revenge has a way of relentlessly repeating itself (as in interminable feuds, such as the Hatfields and McCoys)—and ever more maliciously.
Under the public system, an act of vengeance is no longer avenged; the process is terminated, the danger of escalation averted.” It is worth paying special attention to this final line when seeking to understand the meaning and value of justice: “the danger of escalation averted.”
Feb 9, 2007 · In this article I examine the legitimacy of allowing crime victims' desires for revenge to serve as a factor when imposing criminal punishment upon wrongdoers.
- Steven M. Eisenstat
- 2007
- Introduction
- Taking The Clinical Model of Responsibility Without Blame Into The Legal Realm
- The Meaning of Forgiveness
- The Evolutionary Psychology of Forgiveness
- From Instrumental to Ethical Reasons to Punish with Forgiveness
- Conclusion
What do you do when faced with wrongdoing—do you blame or do you forgive? When confronted with crime, especially offences that lie on the more severe end of the spectrum and cause victims terrible psychological or physical trauma or death, nothing can feel more natural than blame. We may feel a range of hostile, negative emotions, such as hate, ang...
In a previous article, we argued at length that there were compelling reasons to adopt the clinical model of responsibility without blame within penal philosophy and practice. 10We will not rehearse all the details of that argument here, but aim rather to provide the basic outline of the clinically-derived conceptual framework and illustrate its ap...
Forgiveness is often allied with a range of emotions and reactive attitudes that express goodwill or positive regard, such as compassion, empathy, kindness, clemency and mercy. 20 Within legal philosophy, mercy in particular has been singled out as valuable if not indeed essential to the justification of punishment. 21Our first step therefore is to...
Thus far, drawing on legal and philosophical traditions, we have suggested that we can understand forgiveness as foreswearing any and all hostile, negative emotions and attitudes that it is natural to have towards the offender as a person on the basis of the offence. This is a precise, but negative, analysis of forgiveness: we know what forgiveness...
One of the more striking ideas to come from evolutionary psychology is that forgiveness—like vengeance—has evolved as a strategy to reduce risk of future harm in face of past exploitation. Indeed, when forgiveness works, it arguably offers a more reliable and economical risk reduction strategy than vengeance, because it does not depend on monitorin...
Designing a criminal justice system to take advantage of our evolutionarily endowed capacity to forgive and seek to repair relations must, inevitably, be a collaborative process between all of us—the institutions and officials comprising the criminal justice system, offenders and society at large, understood to include past and potential future vic...
- Nicola Lacey, Hanna Pickard
- 2015
Jan 28, 2020 · The Purposes and Capacities of Criminal Law and Punishment in Relation to Society. The aims that criminal law fulfils (or should fulfil) in relation to society undergo profound changes in the contexts of transition when faced with the legacy of experiences of mass violence.
Apr 7, 2013 · The courts have failed victims of violent crimes, according to one Fordham law professor, but does that mean that vengeance is justified?
