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What is the Final Goal of Punishment and Forgiveness?

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This paper aims to explore possible alternatives to punishment. Of punishment there has been the general foundation of retributivism against wrongdoers. This, however, enables us to ask a question: what is the final goal of punishment? This issue is closely related to the function and effect of punishment, because by punishment based on retributivism wrongdoers or criminals have not always reflected their wrong doings. By the principle of utility, for example, Bentham emphasizes not only the legal end of punishment but also its moral end: rehabilitation to maximize general happiness. He believes, in particular, that wrongdoers have moral possibility to be changed as moral agents by his conception of punishment. Meanwhile, punishment enables us to neglect any suffers of victims only to punish the offenders. That is to say, it is impossible to protect the victims in the social and legal system of punishment. Therefore, the true meaning of the punishment could be dealt with in terms of forgiveness as an alternative.

Abstract

This paper aims to explore possible alternatives to punishment. Of punishment there has been the general foundation of retributivism against wrongdoers. This, however, enables us to ask a question: what is the final goal of punishment? This issue is closely related to the function and effect of punishment, because by punishment based on retributivism wrongdoers or criminals have not always reflected their wrong doings. By the principle of utility, for example, Bentham emphasizes not only the legal end of punishment but also its moral end: rehabilitation to maximize general happiness. He believes, in particular, that wrongdoers have moral possibility to be changed as moral agents by his conception of punishment. Meanwhile, punishment enables us to neglect any suffers of victims only to punish the offenders. That is to say, it is impossible to protect the victims in the social and legal system of punishment. Therefore, the true meaning of the punishment could be dealt with in terms of forgiveness as an alternative.

참고문헌 (17)

  1. "The Bible: Matthew 5:19, Mark 12:29-31, Luke 23:34, Ephesians 4:31-5:2", ~
  2. "The Analects13:18, Mencius 1:5, 2:6", ~
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  6. Jones, L. G., "Embodying Forgiveness" (1995), William B. Eerdmans Publishing Gompany
  7. Marshall, C. D., "Beyond Retribution: a New Testament vision for justice, crime, and punishment" (2001), William B. Eerdmans Publishing Company
  8. Newman, G., "The Punishment Response" (1978), J. B. Lippincott Company
  9. Selznick, P., "The Moral Commonwealth" (1992), California University Press
  10. Volf, M., "Exclusion and Embrace" (1996), Abingdon Press
  11. Duff, A., "Justice, Guilt and Forgiveness in the Penal System", pp.37~49 (1990), CTPI
  12. Garland, D., "Sociological Perspectives on Punishment", Crime and Justice, 14, pp.115~165 (1991)
  13. Gendin, S., "The Meaning of Punishment", Philosophy and Phenomenological Research, 28(2), pp.235~240 (1967)
  14. Fender, J., "A General Equilibrium Model of Crime and Punishment", Journal of Economic Behaviour & Organization, 39, pp.437~453 (1999)
  15. Noblett, W., "The Future of Criminal Justice", pp.89~102 (2002), Holy Trinity Church
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  17. Tonry, M., "Strategic Approaches to Crime Prevention", Crime and Justice, 19, pp.1~20 (1995)

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