WDW101Y1 Lecture Notes - Lecture 2: Eye For An Eye, Restorative Justice, Human Frailty
1 Jun 2013
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Restoration punishment: intentional infliction of suffering on a person for perceived wrong doing. State organized punishment grow out of punishments that existed before there were state structures. Personal retribution -- physical harm -- violent retaliation. Fines -- ransoming punishment -- people can buy off the threat of retaliation by buying a forfeit. Punishment lay in the hands of nobles and then in the hands of the crown (traveling judges - the king"s court) Banishment -- not allowed to be around the community -- don"t have any claim to justice (i. e. if someone wanted to kill you they can without consequence) Punishment starts to evolve into retribution (operate within the principle of retribution) -- punish someone to the degree to which they deserve & you have to have the appropriate mens rea. The crown"s job was to regulate justice through retribution. A good state is not one which reduces crime but which regulates and dispenses justice.
