Michael Davis's Theory Of The Unfair Advantage Theory
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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