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LSDefine

Simple English definitions for legal terms

retributivism

Read a random definition: substitution of parties

A quick definition of retributivism:

Retributivism is a legal theory that says if someone does something wrong, they should be punished, even if punishing them doesn't stop them or anyone else from doing it again. It's like they owe a debt to society that can only be paid by being punished. Some people call this theory "vindictive" because it's all about getting revenge. There are two types of retributivism: maximalist, which says society has a duty to punish anyone who breaks the law, and minimalist, which says only people who are guilty and deserve punishment should be punished.

A more thorough explanation:

Definition: Retributivism is a legal theory that justifies criminal punishment as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. According to retributivism, a criminal has a debt to pay to society, which is paid by punishment. The punishment is also sometimes said to be society's act of paying back the criminal for the wrong done. Opponents of retributivism sometimes refer to it as “vindictive theory.

Examples: If someone commits a crime, they are punished for it. This is an example of retributivism. For instance, if someone steals from a store, they are punished by going to jail or paying a fine. The punishment is meant to make the offender pay for their wrongdoing and to show that society will not tolerate such behavior.

Explanation: Retributivism is a legal theory that believes that punishment is necessary for a criminal to pay for their wrongdoing. The punishment is not meant to deter others from committing the same crime, but rather to make the offender pay for their actions. The examples illustrate how retributivism works in practice. When someone commits a crime, they are punished for it, regardless of whether the punishment will deter others from committing the same crime. The punishment is meant to make the offender pay for their wrongdoing and to show that society will not tolerate such behavior.

retributive punishment | retroactive law

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