Michael Davis's Theory Of The Unfair Advantage Theory
The Unfair Advantage Theory All explained above was about the classical retributivism. At the end of the 20th century, because of some failings in practical theories and utilitarianism, retributivism was regenerated. In those years, somehow early 1980s, Michael Davis proposed his theory, named ' 'fairness theory ' ', about the punishment by which he advanced the retributivism theory and made it more evolved. He argued that the punishment should fit not only the crime but also the amount of ' 'unfair advantage ' ' which were achieved by the wrongdoer. The main difference between unfair advantage and lex talionis is that the former theory focused on what the criminal achieved by committing the crime while the latter one just considered what the victim has lost. To explain it more, the criminal law inherently came to existence to protect the people and their rights. So, obeying the law which is accompanied by some self-restraint – it means to neglect his own right by limiting his freedom - is one of the penal law 's principles. This principle discussed that one ought to neglect his/her own rights not to enter in the other 's territories. By this system, any person has a private territory - the law-abiding - which is limited by the territory of the others. Meanwhile the person is in this territory, he benefits not only the others but also himself; the former by not violating another rights and the latter by placing himself in the protection of law. The wrongdoer not only
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The Death Penalty In Stephen Nathanson's An Eye For An Eye?
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Essay On Nozick Entitlement Theory
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Examples Of Justice In The Scarlet Letter
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Jean Hampton's Moral Education Theory Of Punishment Analysis
992 Words | 4 PagesThe attractiveness of this theory is primarily based on the ethical code that Hampton subscribes to, which is that pain-inflicted punishments should not be condoned when it comes to disciplining wrongdoers. Rather, constructive analysis done pertaining to why certain actions are morally wrong in society would be intellectually stimulating and productive for both the wrongdoers and the public, all while avoiding the infliction of physical pain. Compared to the retributivist argument, which circulates around the idea that the purpose of punishment is to make wrongdoers pay for their misdeeds, and that they should be treated the way that they have treated others, the MET is a more humane way to treat wrongdoers, and in the long run, would perhaps help them emerge from confinement as better citizens within society, rather than as potential repeat offenders. Therefore, the appeal of the MET stems from the positive implications of treating wrongdoers with respect and dignity, all while teaching them why their actions were wrong while simultaneously instilling positive and moral values in their psyche before allowing them to re-enter
Disadvantages Of Restorative Justice
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