Retribution and Revenge

Abstract

Retribution and revenge, two highly related concepts, are arguably the oldest, most basic and most pervasive justice reactions associated with human social life. While scholarship about retribution and revenge has tended to focus on criminal justice, empirical evidence indicates that retribution is important in other matters related to law. For example, medical malpractice, discrimination, and a panoply of civil lawsuits can be primarily fueled by a desire for retribution. Retributive motives can appear at the core of intractable business disputes and other commercial disagreements. In this article, Professor Vidmar develops a conceptual framework to study retribution as a psychological and social phenomenon. He explores a number of conceptual issues, including how a social science approach differs from legal and philosophical approaches. His discussion explores the sociological and psychological functions that punishment serves. Separate sections of the article discuss the cognitive dynamics of retribution and its emotional/behavioral aspects as well. The article raises important questions about retribution. Are reactions different if the justice is dispensed by the victim, by neutral authorities, or by "acts of fate" (or God)? What are the consequences when nothing happens to the perpetrator? How does excessive punishment of the offender or remorse affect retributive reactions? The author's insight raises important implications for legal and other settings in which punishment is administered.