Beyond Retribution: Exploring Theories of Punishment in Ethics and Philosophy

Authors

  • Sanjay Mandal M.A in Philosophy, Department of Philosophy, Rabindra Bharati University

DOI:

https://doi.org/10.31305/rrijm.2023.v08.n03.042

Keywords:

Retribution, Punishment, Ethics, Philosophy, Justice

Abstract

This research paper delves into the intricate realm of punishment theories within the frameworks of ethics and philosophy, transcending conventional notions of retribution. It embarks on a journey to unravel the multifaceted dimensions of punishment, shedding light on its philosophical underpinnings, ethical implications, and societal ramifications. Departing from traditional retributive paradigms that prioritize vengeance and deterrence, this study navigates through alternative perspectives that advocate for rehabilitation, restoration, and moral transformation. Drawing upon a diverse array of philosophical insights and ethical considerations, this paper critically evaluates various theories of punishment, including consequentialism, deontology, and virtue ethics. It examines how these theories conceptualize the purpose and justification of punishment, contemplating their compatibility with principles of justice, fairness, and human dignity. Moreover, it scrutinizes the practical applications of these theories within contemporary legal systems, assessing their effectiveness in promoting social harmony, individual accountability, and communal well-being. By exploring the complexities of punishment beyond retribution, this research contributes to a deeper understanding of the moral and philosophical frameworks that shape our attitudes towards justice and punishment. It advocates for a nuanced approach that acknowledges the inherent complexities of human behaviour, the potential for redemption, and the imperative of fostering a more compassionate and rehabilitative justice system. Ultimately, this paper endeavours to provoke critical reflection and stimulate discourse on the ethical foundations of punishment, paving the way for a more enlightened and humane approach to justice in society.

References

Morris, H. 1994. “A Paternalistic Theory of Punishment.” Pp. 92–111 in A Reader on Punishment, edited by Antony Duff and David Garland. Oxford, England: Oxford University Press.

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Lillie., W, “An Introduction to Ethics’, New Delhi: New Delhi Allied Publishers, 1986, p.87.

Kant., I, “Metaphysics of Morals’, tr Gregor., M, Cambridge: Cambridge University Press, 1991, p.123.

Mackenzie., J.S, “Manual of Ethics’, Oxford: Oxford University Press, 1997, p.79.

Martineau, ‘Types of Ethical Theory’, Macmillan and Co, University of Michigan. 1986, Vol. II., p.54.

Hegel, G.W.F., ‘Elements of the Philosophy of Right’, ed Wood, A.W, Cambridge: Cambridge University Press, 1991, p.231.

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Published

14-03-2023

How to Cite

Mandal, S. (2023). Beyond Retribution: Exploring Theories of Punishment in Ethics and Philosophy. RESEARCH REVIEW International Journal of Multidisciplinary, 8(3), 353–358. https://doi.org/10.31305/rrijm.2023.v08.n03.042