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Retributive justice

Retributive justice is a theory of justice that considers punishment, if proportionate, to be the best response to crime. When an offender breaks the law, justice requires that they forfeit something in return. In contrast to revenge, this type of retribution is only directed at wrongs, has inherent limits, is not personal, involves no pleasure at the suffering of others, and employs procedural standards.

In ethics and law, the aphorism "Let the punishment fit the crime" is a principle that means that the severity of penalty for a misdeed or wrongdoing should be reasonable and proportionate to the severity of the infraction. The concept is common to most cultures throughout the world and is evident in many ancient texts. Its presence in the ancient Jewish culture is shown by its inclusion in the law of Moses, specifically in Deuteronomy 19:17-21, and Exodus 21:23-21:27, which includes the punishments of "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." That phrasing in turn resembles the older Code of Hammurabi. Many other documents reflect this value in the world's cultures. However, the judgment of whether a punishment is appropriately severe can vary greatly between cultures and individuals.

Proportionality requires that the level of punishment be scaled relative to the severity of the offending behaviour. An accurate reading of the biblical phrase "an eye for an eye" in Exodus and Leviticus is said to be: 'only one eye for one eye', or "an eye in place of an eye". However, this does not mean that the punishment has to be equivalent to the crime. A retributive system must punish severe crime more harshly than minor crime, but retributivists differ about how harsh or soft the system should be overall.

Traditionally, philosophers of punishment have contrasted retributivism with utilitarianism. For utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social benefits, such as crime reduction. For retributionists, punishment is backward-looking, justified by the crime that has been committed and carried out to atone for the damage already done.

Depending on the retributivist, the crime's level of severity might be determined by the amount of harm, unfair advantage or moral imbalance the crime caused.

Usage examples of "retributive justice".

A general shout proclaimed the acquiescence of the other seamen in this act of retributive justice.

The king hates them both, and he will thank us, if we change his hatred into retributive justice.

Miss Flaybum was not visible next day, and the only reference she ever made to our memorable scene of retributive justice was an enormous charge for damaged glass in my school bill.

Dirty Jamie the Sixth of Scotland and First of England, under mask of retributive justice, could exercise a vein of cruelty that might have turned a Red Indian green with envy.

The man whom she had held at her mercy under her whip-lash and whom she had allowed to escape from full retributive justice.

Would the jury say that this retributive justice, inflicted by an outraged, and deluded woman, rendered irrational by the most cruel wrongs, was in the nature of a foul, premeditated murder?

He could never succeed in hiding that crime and retributive justice would of a surety overtake him then, without any help from her.

They called the cruelty 'retributive justice,' and a God without it would certainly have struck them as not 'sovereign' enough.