It might seem like putting the cart before the horse: Unlike distributional justice, retributive justice does not deal with how to set up justice, but how to smooth out injustice. But actually every stick has two ends. So does the “cart” justice.
Justice is done, when everybody gets his just deserts. And while just deserts refer to rewards on the one end – the end of distributive justice, they refer to punishment at the other end – the end of retributive justice.
The issue of retributive justice arises after a wrongdoing like a crime has occurred and addresses the task of imposing an adequate sanction to the wrongdoer. Thus retribution is rather linked to reconstitute justice than to constitute it.
But how exactly should the horse push? To say, how should justice be reconstituted? Giving the offender his just deserts seems to be a facile task. But what are just deserts? What are just deserts for somebody evading taxes - thereby stealing money from the state - compared to somebody stealing the savings of an old woman? What are just deserts for somebody mali-ciously burning the house of his ex-wife compared to somebody setting a house on fire be-cause he has fallen asleep while smoking? What are just deserts for a killing soldier compared to a killing civilian? Or what are just deserts for a husband burgling a pharmacy to get some exorbitant expensive medicine for his wife? And even if we individually know the answers to those questions: Would our answers be the same as the answers of our neighbor, our wife, or our best friend? And would they be the same in Germany and in the USA, Russia or Somalia?
Many scientists have looked upon the issue. But while philosophers and jurists focus on normative questions, psychologists focus on descriptions. They do not make implications on what should be just, but about what humans experience to be just.
Table of Contents
- Introduction
- Why do we punish? - Purposes and related Severity
- Utilitarian purposes
- Retributive purposes
- Experimental evidences - Which perspective do we actually adopt?
- Dynamics of Retribution
- Emotional dynamics
- Cognitive dynamics
- Individual & Cultural Differences
- Individual differences
- Cultural differences
- Retribution in Special Contexts
- Tricky "offenses" - Immoral or beneficial behaviour?
- Tricky victims - The mentally ill
- Tricky judges - Groups
- Tricky punishments - Harsh interrogation techniques
- Implications for Jurisprudence
Objectives and Key Themes
This work aims to explore the multifaceted nature of retributive justice, examining its purposes, dynamics, and variations across individual and cultural contexts. It investigates the interplay between cognitive and emotional factors in determining just deserts and considers the complexities of applying retributive justice in specific situations.
- The purposes of punishment (utilitarian vs. retributive)
- The cognitive and emotional dynamics of retribution
- Individual and cultural differences in perceptions of justice
- Challenges in applying retributive justice in complex scenarios
- Implications of these findings for jurisprudence
Chapter Summaries
Introduction: This introductory chapter establishes the central theme of retributive justice, contrasting it with distributive justice and highlighting the complexities involved in determining "just deserts." It uses the example of varying reactions to different crimes to illustrate the subjective nature of retributive justice and introduces the ongoing debate between normative and descriptive approaches within the field. The chapter concludes by emphasizing the moral dimension inherent in retributive justice, citing Cicero’s assertion that injustice cannot be moral.
Why do we punish? - Purposes and related severity: This chapter distinguishes between utilitarian and retributive purposes of punishment. Utilitarian justifications focus on future consequences, such as deterrence and rehabilitation, aiming to prevent future harm. Retributive justifications, conversely, concentrate on the past offense, emphasizing the offender's deserved punishment. The chapter explores the various aspects of deterrence, including special and general deterrence, and discusses the factors influencing the severity of punishment, such as crime rates, detection rates, and public awareness. It also touches upon rehabilitation and incapacitation as alternative approaches to punishment.
Dynamics of Retribution: This chapter delves into the cognitive and emotional processes underlying retributive judgments. It explores how cognitive factors, such as assessing the offender's intent and the severity of the harm caused, influence perceptions of just punishment. The chapter further examines the role of emotions, such as anger, empathy, and moral outrage, in shaping retributive responses. It highlights the interplay between cognitive evaluations and emotional reactions in determining appropriate sanctions. The chapter sets the stage for the following discussion on individual and cultural differences in retributive justice.
Individual & Cultural Differences: This chapter examines how individual differences in personality, moral values, and cognitive styles influence retributive judgments. It also explores how cultural norms and values shape perceptions of justice and influence the types of punishments deemed appropriate. The chapter likely contrasts different cultural approaches to punishment, showing how what is considered just varies across societies. Understanding these variations is crucial for applying retributive justice fairly and effectively in diverse contexts.
Retribution in Special Contexts: This chapter tackles the challenges of applying retributive justice in complex situations involving ambiguous offenses, mentally ill victims, group-based judgments, and harsh interrogation techniques. Each sub-chapter likely presents unique dilemmas and explores the ethical and practical considerations involved in these situations. For instance, the chapter would discuss the difficulties in assessing culpability when dealing with individuals with mental illness or the ethical implications of using harsh interrogation techniques.
Keywords
Retributive justice, punishment, deterrence, rehabilitation, just deserts, cognitive dynamics, emotional dynamics, individual differences, cultural differences, jurisprudence, morality, utilitarianism.
Frequently Asked Questions: A Comprehensive Language Preview on Retributive Justice
What is the main topic of this language preview?
This preview provides a structured overview of a work exploring the multifaceted nature of retributive justice. It covers the purposes, dynamics, and variations of retributive justice across individual and cultural contexts.
What are the key themes explored in the text?
The key themes include the purposes of punishment (utilitarian vs. retributive), the cognitive and emotional dynamics of retribution, individual and cultural differences in perceptions of justice, challenges in applying retributive justice in complex scenarios, and the implications of these findings for jurisprudence.
What are the different purposes of punishment discussed?
The text distinguishes between utilitarian purposes (deterrence, rehabilitation, incapacitation) which focus on future consequences, and retributive purposes which focus on the past offense and the offender's deserved punishment.
How does the text address the cognitive and emotional dynamics of retribution?
The text examines how cognitive factors (assessing intent, severity of harm) and emotional factors (anger, empathy, moral outrage) influence perceptions of just punishment and interact in determining appropriate sanctions.
What role do individual and cultural differences play in retributive justice?
The text explores how individual differences in personality, moral values, and cognitive styles, as well as cultural norms and values, shape perceptions of justice and influence the types of punishments deemed appropriate, highlighting the variability across societies.
What are some of the "special contexts" or challenges discussed in applying retributive justice?
The text addresses challenges in applying retributive justice in complex situations involving ambiguous offenses ("immoral or beneficial behavior"), mentally ill victims, group-based judgments, and harsh interrogation techniques.
What are the implications for jurisprudence?
The text examines the implications of the findings on retributive justice for legal systems and the application of justice in practice.
What is the structure of the text?
The text includes an introduction, chapters on the purposes of punishment, the dynamics of retribution, individual and cultural differences, and retribution in special contexts, concluding with implications for jurisprudence. It also provides a table of contents, chapter summaries, and key words.
What are some of the key words associated with this text?
Key words include: Retributive justice, punishment, deterrence, rehabilitation, just deserts, cognitive dynamics, emotional dynamics, individual differences, cultural differences, jurisprudence, morality, utilitarianism.
Where can I find more information about this topic?
This FAQ summarizes a language preview. For more detailed information, refer to the full text of the work on retributive justice.
- Quote paper
- Vanessa Köneke (Author), 2009, Retributive Justice, Munich, GRIN Verlag, https://www.grin.com/document/173600
