Penology
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Preliminary Nate:
The sociology of punishment seeks to understand why and how we punish; the general justifying aim of punishment and the principle of distribution. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; why, for instance, citizens give consent to the legitimation of acts of violence.
Two of the most common political and ethical motivations for formal punishment are utilitarianism and retributivism. Both these concepts have been articulated by law-makers and law-enforcers, but may be seen as descriptive rather than explanative. Sociologists note that although attempts of justification are made in terms of these principles, this does not fully explain why violent punitive acts occur. Social psychology and symbolic interactionism often inform theory and method in this area.
Retributivism[edit]
Retributivism covers all theories that justify punishment because the offender deserves it. This is interpreted in two ways, either:
• a person must be punished because they deserve it (deserving is a sufficient reason for punishment), or
• a person must not be punished unless they deserve it (deserving is a necessary but not sufficient condition for punishment).
Retributive theories usually put forward that deserving is a sufficient reason for punishment.
The main strands of retributivism are:
• Intrinsic Retribution: Offender deserves punishment because there is intrinsic good in the guilty suffering.
• Lex Talionis: To restore the balance between offender and victim.
• Unfair Advantage Principle: To restore the balance by the imposition of extra burdens on those who have usurped more than their fair share of benefits. (Note the focus of Lex Talionis is on what others have lost, the focus of the unfair advantage principle is on what the offender gained.)
• Hegelian
Preliminary Nate:
The sociology of punishment seeks to understand why and how we punish; the general justifying aim of punishment and the principle of distribution. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; why, for instance, citizens give consent to the legitimation of acts of violence.
Two of the most common political and ethical motivations for formal punishment are utilitarianism and retributivism. Both these concepts have been articulated by law-makers and law-enforcers, but may be seen as descriptive rather than explanative. Sociologists note that although attempts of justification are made in terms of these principles, this does not fully explain why violent punitive acts occur. Social psychology and symbolic interactionism often inform theory and method in this area.
Retributivism[edit]
Retributivism covers all theories that justify punishment because the offender deserves it. This is interpreted in two ways, either:
• a person must be punished because they deserve it (deserving is a sufficient reason for punishment), or
• a person must not be punished unless they deserve it (deserving is a necessary but not sufficient condition for punishment).
Retributive theories usually put forward that deserving is a sufficient reason for punishment.
The main strands of retributivism are:
• Intrinsic Retribution: Offender deserves punishment because there is intrinsic good in the guilty suffering.
• Lex Talionis: To restore the balance between offender and victim.
• Unfair Advantage Principle: To restore the balance by the imposition of extra burdens on those who have usurped more than their fair share of benefits. (Note the focus of Lex Talionis is on what others have lost, the focus of the unfair advantage principle is on what the offender gained.)
• Hegelian