Philosophy Of Punishment Research Articles

Is it moral to punish a criminal both during his lifetime and posthumously

AbstractWe seek to probe into the question of whether it is moral to administer a punishment on a criminal both in his lifetime and posthumously. Is it moral to punish a murderer both during his lifetime by sentencing him, for instance, to life imprisonment, and posthumously—let us assume—by burial in a separate section of the cemetery exclusively assigned for murderers, which would perpetuate their ignominy? We consider that a discussion of this crux might raise valuable insights and questions regarding the philosophy of punishment. We will aim to examine this issue from several perspectives: utilitarianism, retributivism, and expressivism. Moreover, we shall consider it as a means for preventing an exacerbation of the punishment by more cruel means. Furthermore, we will point out some problems which should be considered that may arise from the posthumous penalty.

Amendment to the general directives of judicial sentencing (Article 53(1) of the Penal Code) as a determinant of a change in the punishment philosophy?

Amendment to the general directives of judicial sentencing (Article 53(1) of the Penal Code) as a determinant of a change in the punishment philosophy?

Jeong Do-jeon"s philosophy of punishment

Jeong Do-jeon"s philosophy of punishment

The translation of humanity into prison design: How do the new, standardised “Model 2015” prison buildings meet normative demands in Norwegian crime policy?

Prison architecture reflects the ideas and values of a penal policy, providing insights into punishment philosophies. In Norway, normalisation, resettlement and dynamic security norms have shaped correctional care. Based on a mixed method study, this article examines how these norms are translated into “Model 2015” prisons. Despite spaces for positive prisoner relationships, the design faces challenges in escaping pervasive systems of control and discipline. Architectural boundaries obstruct dynamic security and impede the staff’s involvement in resettlement. Inadequate facilities for prisoner progression and daytime activities further undermines these processes. While some architectural and technological initiatives aimed at normalising prison life have proved successful, they tend to normalise not only the prison environment, but also the prisoners. The study demonstrates architecture’s critical role in realising humane prison conditions and emphasises the need for humane design.

Retributive or Restorative?: A Descriptive Research on the Criminal Justice Understandings of Law Enforcements in Istanbul

The main purpose of this study is the role of punishment philosophies in the determination of punishments; from this point of view, it is to determine the understanding of criminal justice that dominates the Turkish Criminal Justice system. In this context, among the criminal justice theories, retributive justice seeing punishment as the first and primary way of dealing with injustices in the criminal justice system and believes that justice is established when the courts sentence the defendants, and restorative justice questioning the adequacy and necessity of this system and renewing the sense of justice with the alternatives it offers are focused on. Here, the parameters through which law enforcement judges, prosecutors and lawyers evaluate these two dimensions in the determination of penalties are aimed to be revealed. The data of the research, in which the qualitative research method was used, were obtained from in-depth interviews with 62 judges, prosecutors and lawyers working in criminal law in Istanbul. The data obtained were analyzed using the Maxqda Plus 2020.4 computer program. As a result, it was observed that the law enforcement officers did not focus on only one dimension of the punishment, but made different evaluations according to the crime committed, the severity of the crime, the damage it caused, and the characteristics of the accused. The most striking point here is that clear-cut distinctions cannot be seen between retributive and restorative features contrary to what is claimed in foreign researches.

Karya Cipta Lagu dan Musik dalam Bingkai Asas Perlindungan Hukum

The purpose of this research is to find out the form of legal protection for a work of copyrighted songs and music which is plagiarism and what sanctions are given to perpetrators of plagiarism for a copyrighted song. The research methodology used is juridical-normative - that is, by collecting material related to several facts by offering appropriate data interpretations. The goal is to create methodical descriptions, illustrations, and information about the problem the author is researching. The conclusion of this research is 1. Legal protection for copyright, especially plagiarism in copyright law, has specified criteria for violations and imposition of sanctions as well as the existence of severe criminal penalties for perpetrators of copyright infringement, 2. Looking at the philosophy of punishment, restorative justice strategies can be used to complete the punishment imposed on those who commit acts of plagiarism of song and musical works of art.

Indonesia's Revocation of Political Rights: Criminal Perspectives Philosophy

Human rights are fundamental freedoms that are eternally guaranteed to all people as they are the creations of the Almighty God. As a result, it must be protected, supported, and respected. It also must not be disregarded, as neglect and human rights abuses result in human rights violations. Political rights are one of the fundamental rights that must be upheld and safeguarded by the State, the law, and the government. The Criminal Code's provision of criminal penalties for the elimination of political rights in Article 35 (1) (3), where the electoral process and electoral laws are founded, proves to conflict with the State's mission for the preservation and maintenance of political rights. This article's analysis of criminal sanctions that impact citizens' political rights in terms of punishment philosophy is urgently needed.

ANALISIS ASPEK YURIDIS DAN ASPEK NON YURIDIS TERHADAP TINDAK PIDANA MENJADI PERANTARA DALAM JUAL BELI NARKOTIKA

Many cases of narcotics have gone through controversies or controversial court decisions. That is, the application of norms in the contents of the court decision is still debatable. One example is the Bandung District Court Decision on behalf of the defendant Nana als Ujang Fata Bin Ajuk Marjuki (Alm) No. 1159/Pid.Sus/2021/PN Bdg regarding the case of the crime of Narcotics. This type of legal research is normative legal research. The nature of the research in this study is analytical descriptive in nature. The type of data used in this research is library research. The circulation of narcotics in Indonesia when viewed from a juridical aspect is legal, the Narcotics Law only prohibits the use of narcotics without permission by the law in question. Narcotics crime is used as a promising and rapidly developing business arena, where this activity has an impact on mental damage, both physically and psychologically, to drug users, especially the younger generation. Law enforcement against narcotics crimes has been carried out by many law enforcement officers and has received many judge's decisions. In the non-juridical aspect, in making his decision, in addition to considering matters of a juridical nature, judges also make non-juridical considerations, especially in terms of economic, social and political aspects. directly or indirectly, either implicitly or explicitly, the "integrative philosophy of punishment" in the judge's decision is not solely based on, starting from and only considering the juridical aspect (formal legalistic) solely because if this starting point does not reflect the values the value of justice that should be embodied by the criminal justice system. Some of the legal issues analyzed from the decision are the Complete Format of the Decision but the exploration of non-juridical aspects is not explored in depth in the decision and the aggravating and mitigating reasons for the crime are not explored in depth and the Articles of Indictment are appropriate but do not formulate articles 55 of the Criminal Code regarding inclusion. The need for the formulation of an article regarding inclusion in the indictment of charges and decisions is due to broaden the criminal responsibility of other actors and to facilitate proof for other cases related to case number: No. 1159/Pid.Sus/2021/PN Bdg. Because from the position of the case it is still possible that there are other actors on the DPO (People Wanted List).

KAJIAN NORMA PANCASILA TERHADAP PENERAPAN SANKSI PIDANA MATI DALAM HUKUM POSITIF DI INDONESIA

Pancasila's life vision is based on the fact that the universe and all the harmony in it were created by God Almighty. There is nothing in the universe that is different in composition from other universes. Maintaining order means upholding human dignity so that Pancasila has a legal reference for self-protection in the passive and active sense. The subject of the death penalty has become the concern of criminal law experts, criminologists, and victimologists, especially related to the philosophy of punishment, according to which the purpose of punishment is not only to frighten the convict but also to attract attention. Basically certain qualifying activities are activities that directly violate human dignity and/or endanger the existence of human society. Therefore, the purpose of capital punishment is only to prevent other people from committing acts that lead to the imposition of capital punishment. The death penalty in Indonesia is still required for serious crimes, including premeditated murder, those guilty of genocide and crimes against humanity, drug dealers, high-level corruption, and terrorists. The position of the Special Criminal Law in the criminal justice system complements the criminal law codified in the Criminal Code in terms of increasing the threat of punishment for crimes that threaten the implementation of clothing and food facilities; Law Number 21 of 1959 (Prp) concerning Threats of Economic Crimes; Atomic Energy Regulation No. 31 of 1964.

Der zweifache Stellenwert des Rechtssubjekts in der Straftheorie P.J.A. Feuerbachs

Among legal scholars, P. J. A. Feuerbach is considered one of the most important German jurists of the 19th century: not only has he established Germany’s modern doctrine of penal law and the Bavarian penal code of 1813, but he is also the founder of the theory of psychological force, i.e. the idea of the threat of punishment (not punishment itself!) as deterrence. Whereas one cannot comprehend Feuerbach’s legal doctrines without their original philosophical justification, namely his concept of the legal subject as a citizen of two worlds, most contemporary interpreters ignore this aspect of Feuerbach’s theory of punishment. Against this reductionist interpretation of Feuerbach, by reconstructing his philosophy of punishment, this article exposes both the theoretical potential and shortcomings of Feuerbach’s main philosophical concepts.

Growth of Punishment Philosophies In India: A Critical Analysis

Growth of Punishment Philosophies In India: A Critical Analysis

Reconstruction of Law Enforcement in Indonesia Through Strengthening the Embodiment of Pancasila Values of Justice to Realize Humane Law Enforcement

The development of globalization has had both positive and negative impacts on all sectors in its implementation, especially law enforcement in Indonesia. The practice of law enforcement so far has continued without an adequate foundation, giving rise to injustice. Therefore, efforts are needed as preventive and curative steps, namely strengthening the realization of Pancasila justice in law enforcement to realize humane law enforcement, especially within the prosecutor's office. The research method used in this paper is normative juridical with a philosophical approach, a conceptual approach,, and a case approach. The results obtained are that law enforcement must prioritize the application of the noble values of Pancasila, which is balanced with the application of a philosophy of punishment based on the concept of restorative justice, which justice to frame various existing policies, so that the results of these policies can create a sense of justice that perpetrators feel, victims, the public and answer various problems in the judiciary and lead to the creation of humane prosecutors, besides that the values of Pancasila must be attached to law enforcers, especially prosecutor's profession. Judges decide cases with the direction "For the sake of God Almighty", but the role of the prosecutor's office must also take part in law enforcement in Indonesia so that it is fairer.

Analisis Disparitas Putusan Hakim Dalam Perkara Tindak Pidana Penggelapan Di Pengadilan Negeri Koto Baru

Criminal justice in the criminal justice system is a very central position that culminates in a judge's decision or verdict against the perpetrators of criminal acts, which in essence when studied with theoretical and practical studies in the judiciary often creates disparities in terms of punishment. Criminal disparity is the application of unequal punishment to the same crime or to crimes whose dangerous nature can be compared without a clear justification. The disparity that occurs is seen in Decision Number: 103/Pid.B/2018/PN.Kbr with the defendant Panji Alias ​​Saiful sentenced to prison for 10 (ten) months and Decision Number: 127/Pid.B/2018/PN.Kbr with the defendant Hendritos Calls Tos was sentenced to prison for 1 (one) year with each of them being proven to have committed the crime of "Embroidery". Factors that cause disparities in sentencing made by judges include the regulations in the Criminal Code (KUHP) that we adhere to, Judicial Powers, Characteristics of cases in similar crimes or have the same level of seriousness, Philosophy of punishment adopted by judges, different perceptions of justice by each judge, judges sometimes give different judgments about justice from one case to another. Thus, the factors that include influencing the disparity are the legal factor itself and the law enforcement factor.

Alternative Punishment as a Suitable Alternative to Imprisonment

Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.

Notes on Contributors

Previous articleNext article FreeNotes on ContributorsPDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinked InRedditEmailQR Code SectionsMoreLeora Dahan Katz is an assistant professor at the Hebrew University of Jerusalem Faculty of Law. Her main areas of research include legal philosophy, normative ethics, and the philosophy of punishment, with special interest in blame and retribution. [email protected]Kyle G. Fritz is an assistant professor in the Department of Public Policy Leadership at the University of Mississippi. In addition to his work on moral standing and hypocrisy, he focuses on the consistent application of ethical principles in policy, including conscientious objection and punishment. [email protected]Nathan Robert Howard is an assistant professor in the Philosophy Department at Texas A&M University. He received his PhD from the University of Southern California in 2019. His main research interests concern the relation between virtue and reasons. Along with Mark Schroeder, he is the author of The Fundamentals of Reasons, under contract with Oxford University Press.Daniel J. Miller is a visiting assistant professor at West Virginia University. His research consists of work on blameworthiness and ignorance, the ethics of blame and forgiveness, and moral responsibility and control. More recently he has applied his research to several questions arising in health care ethics. [email protected]Kieran Oberman is a senior lecturer in the School of Social and Political Science at the University of Edinburgh. His research is in various areas of political philosophy, including war, poverty, and immigration.Daniel Telech is a postdoctoral fellow at the Polonsky Academy at the Van Leer Jerusalem Institute. His main areas of research are ethics, moral psychology, and philosophy of action. He is especially interested in issues of responsibility and agency that concern the nature and norms of our responses to persons qua blameworthy and praiseworthy agents. [email protected] Previous articleNext article DetailsFiguresReferencesCited by Ethics Volume 132, Number 4July 2022 Article DOIhttps://doi.org/10.1086/719507 © 2022 The University of Chicago. All rights reserved.PDF download Crossref reports no articles citing this article.

A Reconciliation Theory of State Punishment: An Alternative to Protection and Retribution

AbstractI propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and retribution theories that have dominated the Western philosophy of punishment for about 250 years. Then I argue that it neatly avoids objections to them and is prima facie plausible in its own right. I conclude that this reconciliation theory of state punishment should be taken seriously by philosophers of law and policy makers.

The Draft of Catherine II’s Penal Regulations in the Context of European Penitentiary Thought

This article considers the “penitentiary turn” in the ideological content of Catherine II’s penal policy, i. e. the transition from the punitive orientation of justice to the principle of rehabilitation by means of punishment. The author mostly refers to The State of the Prisons of England and Wales (1777), a fundamental work by English philanthropist and penologist John Howard and Empress Catherine II’s handwritten draft of the Penal Regulations (1787). Relying on the techniques of intellectual history, the article aims to analyse the polemical, historiographical, and legal assessments of Catherine’s legislative initiatives and review debatable issues. The consideration of the ideological content of the Penal Regulations in the context of eighteenth-century European (mainly English) penitentiary thought makes it possible to perceive it as an attempt to systematise and summarise the best practices of European countries based on the “principles of love and mercy”. The author compares Catherine’s penitentiary ideas and the basic principles of organising prison affairs promoted by John Howard. The author concludes that their basic positions are similar and were later embodied in the modern principles of the philosophy and practice of corrective punishment. However, the main concepts of penitentiary reform in Howard’s writings are characterized by a personal-psychological approach, with a pronounced focus on the moral and religious conversion of convicts in the conditions of a rehabilitating imprisonment. The project of the Russian empress is distinguished by a strictly state approach, increased attention to economic issues, and the problem of the establishment of a penitentiary service. In the era of Catherine II, Russian penal policy became systematic and elaborated, with expressed intentions of correction by punishment. The Russian penitentiary apparatus began to take on the appearance of a system with a clear centralised structure.

Philosophy of disciplinary punishment of university faculty in Syria: فلسفة العقوبة التأديبية لأعضاء هيئة التدريس في الجامعات السورية

This research examines the philosophy of disciplinary punishment in terms of the definition of disciplinary punishment, the principles governing it, the types of penalties imposed by the Board of Discipline of Teaching Staff and the manner in which the Board is set up to impose disciplinary punishment on university faculty The main objective of this research is to show the extent to which these disciplinary sanctions contribute to achieving compatibility and a fair balance between the public interest that relates to the proper functioning of the education facility without harming the rights and guarantees of the faculty member in universities, as well as protecting him from the arbitrariness of the administrative authority when signing it. In this study, we followed the analytical approach to study the principles that govern disciplinary penalties and the types of these light penalties imposed by each of the university president, and severe penalties also imposed by the competent disciplinary board stipulated in the Syrian Universities Organization Law. It was concluded that the Syrian Universities Organizing Law specified disciplinary penalties for faculty members exclusively, and the Syrian legislator did not specify disciplinary violations exclusively in the Universities Organizing Law, and did not link each disciplinary violation with the disciplinary punishment ensuing from it, but left the assessment of this to the competent disciplinary authority and we recommend the Syrian legislator Determining a specific disciplinary penalty for each disciplinary violation, in order to protect the faculty member from the arbitrariness of the administrative authority in imposing penalties, although it is difficult to identify all violations, due to their large number and differences.

Philosophy Of Criminal Immination In The Child Criminal Justice System In Indonesia

This study aims to analyze and find the philosophy of criminal punishment in the juvenile criminal justice system in Indonesia, identify judges considerations in imposing criminal penalties for children who are perpetrators of criminal acts in Indonesia and analyze and find the legal implications of sentencing crimes by judges to the existence of community research reports.

The Norm Shift Theory of Punishment

The philosophy of punishment’s focus on the question of justification has left the question of definition neglected. This article explains why there is a need for necessary and sufficient conditions for punishment and offers a new account. Under the theory proposed, to inflict a punishment is to make fewer things permissible for another to do. Since not every such restriction is punishment, an account is offered of the additional conditions needing to be met. One implication of the resulting theory is that some prominent cases in which the question of definition needed to be answered were wrongly decided.