首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven
admin
2011-04-26
74
问题
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality, we find in its earlier expressions the idea of a punishment equal to the crime. Recorded in the Old Testament is the expression "an eye for an eye, and a tooth for a tooth". That is, the individual who has done wrong has committed an offence against society. To make up for his offence, society must get even. This can be done only by doing an equal injury to him. This conception of retributive justice is reflected in many parts of the legal documents and procedures of modem times. It is illustrated when we demand the death penalty for a person who has committed murder. This philosophy of punishment was supported by the German idealist Hegel. He believed that society owed it to the criminal to give a punishment equal to the crime he had committed. The criminal had by his own actions denied his true serf and it is necessary to do something that will counteract this denial and restore the self that has been denied. To the murderer nothing less than giving up his own will pay his debt. The demand of the death penalty is a right the state owes the criminal and it should not deny him his due.
Modem jurists have tried to replace retributive justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can be administered, the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminals who are incurable should be permanently separated from the rest of the society. This does not mean that criminals will escape punishment or be quickly returned to take up careers of crime. It means that justice is to heal the individual, not simply to get even with him. If severe punishments are the only adequate means for accompanying this, it should be administered. However, the individual should be given every opportunity to assume a normal place in society. His conviction of crime must not deprive him of the opportunity to make his way in the society of which he is a part.
The punishment that would be most inconsistent with the views of corrective justice would be______.
选项
A、forced labor
B、imprisonment
C、fair sentence
D、the electric chair
答案
D
解析
转载请注明原文地址:https://kaotiyun.com/show/sI6O777K
0
考博英语
相关试题推荐
ThisWorkingLifeByMaureenDowdIntheworldofbusiness,itisnotalwayseasyforwomentodothe(29)thingsasmen.
Readthearticlebelowabouthowtomoveoffice.Aresentences16-22’Right’or’Wrong’?Ifthereisnotenoughinformationto
ReadtheinformationaboutThomasEdison.Choosethecorrectwordtofilleachgap,fromA,BorC.Foreachquestion29-40,mark
Ifsustainablecompetitiveadvantagedependsonworkforceskills,Americanfirmshaveaproblem.Humanmanagementisnottradit
Ahundredyearsagoitwasassumedandscientifically"proved"byeconomiststhatthelawsofsocietymakeitnecessarytohave
TheGreek’sloftyattitudetowardscientificresearch—andthescientists’contemptofutility—wasalongtimedying.Foramill
AlthoughLucywasslimming,shefoundcakesquite______.
AttackinganincreasinglypopularInternetbusinesspractice,aconsumerwatchdoggroupMondayfiledacomplaintwiththeFedera
I’msurprisedatthere______anindex.
随机试题
腰椎穿刺术采用的体位是()
影响LES压力的因素
复发性口腔溃疡在临床上可分为以下几种
下列哪些情形属于非法经营行为?
加强人力资源能力建设,实施人才培养工程,加强(),队伍建设。
银行通常将()看做对其市场价值最大的威胁。
我国上市公司不得用于支付股利的权益资金有()。
认为教育与教学过程就是要促进学生个性的发展,发挥学生的潜能,培养学生学习的积极性与主,动性,这是()学习理论的观点。
“故宫是明清时的皇宫”是()。
[A]music[B]language[C]hat[D]film[E]bank[F]breakfast[G]teacher
最新回复
(
0
)