Theories of Punishment
Philosophical Justifications of Punishment in the Criminal Justice System
‘’Punishment is the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or command). Punishment may take forms ranging from capital punishment, flogging, forced labour, and mutilation of the body to imprisonment and fines.’’ (Zedner, 2004)
For centuries punishment has been debated by philosophers, lawyers, and political leaders. They have developed various theories and philosophies of punishment, each of them trying to state the proper objectives and justify the practice of punishment in some form (Hudson, 2003).
The modern theories of punishment started in the eighteenth century as a result of the Humanitarian movement in Europe where the dignity of the individual was emphasized along with his rationality and responsibility. Punishment was reduced in severity and quantity and the prison system was improved. Moreover, an attempt was made to study and understand the psychology of crime, therefore distinguish and divide the classes of criminals (Garland, 2011). During the nineteenth and twentieth centuries, the offender was considered to be a result of social conditions and punishment was inflicted and justified as an aim at the moral regeneration of the criminal and the protection of…
