ON A COMPROMISED JUSTIFICATION OF PUNISHMENT

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HOSEINI SAYYED MOHAMMAD; SABERI TAVALLAEI ALI

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Journal: Journal of Judicial Law Views Year:2014 | Volume:- | Issue:67 Page(s): 81-102

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Information Journal Paper

Title

ON A COMPROMISED JUSTIFICATION OF PUNISHMENT

Author(s)

HOSEINI SAYYED MOHAMMAD | SABERI TAVALLAEI ALI | Issue Writer Certificate

Keywords

JUSTIFICATION OF PUNISHMENTQ2

UTILITARIANISMQ2

RETRIBUTIVISMQ2

COMPROMISED THEORYQ2

ANALYTIC PHILOSOPHYQ2

Abstract

There has been a longstanding battleground on the JUSTIFICATION OF PUNISHMENT with two persistent worriers; RETRIBUTIVISM and UTILITARIANISM. The endless controversies of philosophers illustrate that both of theories have met the fatal criticisms and neither can provide a proper answer to the question of “Why Punish?” As a solution, some tried to reconstruct their favorite theory, while some other proposed a compromised answer. Amongst the compromised models, the theory suggested by analytic philosophers seems the most coherent one, which relies upon the “conceptual analysis”. It emphasizes on the separation of different questions and provides rooms for two answers; utility and retribution. I’ll focus and argue against that compromised model as suggested by H.L.Hart and John Rawls.

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APA: Copy

HOSEINI, SAYYED MOHAMMAD, & SABERI TAVALLAEI, ALI. (2014). ON A COMPROMISED JUSTIFICATION OF PUNISHMENT. JOURNAL OF JUDICIAL LAW VIEWS, -(67), 81-102. SID. https://sid.ir/paper/217815/en

Vancouver: Copy

HOSEINI SAYYED MOHAMMAD, SABERI TAVALLAEI ALI. ON A COMPROMISED JUSTIFICATION OF PUNISHMENT. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2014;-(67):81-102. Available from: https://sid.ir/paper/217815/en

IEEE: Copy

SAYYED MOHAMMAD HOSEINI, and ALI SABERI TAVALLAEI, “ON A COMPROMISED JUSTIFICATION OF PUNISHMENT,” JOURNAL OF JUDICIAL LAW VIEWS, vol. -, no. 67, pp. 81–102, 2014, [Online]. Available: https://sid.ir/paper/217815/en

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