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Human Behavior
ESSAY TWO
Retributive theories claim that punishment is justified because, and only because, the wrongdoer deserves it for having done wrong. These theories "look back" to the wrong action in order to explain why the person who performed it deserves punishment. They focus on the abstract need to balance the scales of justice by giving the wrongdoer what she deserves while, at the same time, respecting her dignity. They do not explain adequately the benefit of punishment for society, and they are silent on the relationship of the victim to the practice of punishment.
Consequentialist theories justify punishment on the basis of social benefit. They are classified as forward-looking because they take the future benefit of society to be a necessary condition for punishment. Criticisms of consequentialist approaches center on worries that social utility will take precedence over wrongdoers' rights or even lead to the punishment of innocents. Another important criticism--one seldom mentioned by philosophers but increasingly discussed in social debate--is that the victim's concerns may be overridden by those of society.
Mixed theories, of which H.L.A. Hart's is perhaps the best example, rightly attempt to incorporate a plurality
Approximate Word count = 2070
Approximate Pages = 8 (250 words per page double spaced)
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