Theories of Punishment with Special Reference to Reformative Theory
Theories of Punishment with Special Focus on Reformative Theory Neetij Rai
Abstract: As Hobbes said that in the state of nature people were nasty, brutish and their life was short. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. In Rousseau‟s view, the social contract was done for the security of property and liberty. Thus from the very beginning of the origin of state, the concept of crime and ways of preventing it or if not, punishing the wrong-doer existed. The punishment system is an integral part of criminal justice and for maintaining social security. The progress of civilization has resulted in the change in the theory, method and motive of punishment.
Punishment can be used as a method of reducing the incidence of criminal behavior either by deterring the potential offenders or by incapacitating and preventing them from repeating the offence of by reforming them into law-abiding citizens. Thus, theories of punishment comprises of policies regarding handling of crime and criminals. They are classified into 4 kinds. All these are not mutually exclusive and each of them plays an important role in dealing with potential offenders. The theories of punishment are: i) ii) iii) iv) Retributive theory Deterrent theory Preventive theory Reformative theory
The paper also puts some light on reformative theory in Nepalese Penal System.
Student, Kathmandu School of Law, L.L.B. 2 Year.
nd
Theories of Punishment:
i)
Retributive Theory:
“The punishment the purpose of which is to satisfy the community‟s retaliating sense of indignation that is provoked by justice.”1 This theory is based on the principle of “eye for an eye” or “tooth for a tooth” and it accorded exclusive recognition in the ancient time. It suggested that the evil should be returned to evil without any regard to consequences. Therefore it emphasized the idea of vengeance. In this way it is an end in itself. It is still prevailed in
Abstract: As Hobbes said that in the state of nature people were nasty, brutish and their life was short. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. In Rousseau‟s view, the social contract was done for the security of property and liberty. Thus from the very beginning of the origin of state, the concept of crime and ways of preventing it or if not, punishing the wrong-doer existed. The punishment system is an integral part of criminal justice and for maintaining social security. The progress of civilization has resulted in the change in the theory, method and motive of punishment.
Punishment can be used as a method of reducing the incidence of criminal behavior either by deterring the potential offenders or by incapacitating and preventing them from repeating the offence of by reforming them into law-abiding citizens. Thus, theories of punishment comprises of policies regarding handling of crime and criminals. They are classified into 4 kinds. All these are not mutually exclusive and each of them plays an important role in dealing with potential offenders. The theories of punishment are: i) ii) iii) iv) Retributive theory Deterrent theory Preventive theory Reformative theory
The paper also puts some light on reformative theory in Nepalese Penal System.
Student, Kathmandu School of Law, L.L.B. 2 Year.
nd
Theories of Punishment:
i)
Retributive Theory:
“The punishment the purpose of which is to satisfy the community‟s retaliating sense of indignation that is provoked by justice.”1 This theory is based on the principle of “eye for an eye” or “tooth for a tooth” and it accorded exclusive recognition in the ancient time. It suggested that the evil should be returned to evil without any regard to consequences. Therefore it emphasized the idea of vengeance. In this way it is an end in itself. It is still prevailed in