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Retributive Justice
Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., '' schadenfreude'', sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes) and rehabilitation of the offender. The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's ''De Legibus'' (1st century BC), Kant's ''Science of Right'' (1790), and Hegel's ''Philosophy'' ''of Right'' (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers to the punishm ...
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Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but i ...
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Vigilante
Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a person who practices or partakes in vigilantism, or undertakes public safety and retributive justice without commission. Definition According to political scientist Regina Bateson, vigilantism is "the extralegal prevention, investigation, or punishment of offenses." The definition has three components: # Extralegal: Vigilantism is done outside of the law (not necessarily in violation of the law) # Prevention, investigation, or punishment: Vigilantism requires specific actions, not just attitudes or beliefs # Offense: Vigilantism is a response to a perceived crime or violation of an authoritative norm Other scholars have defined "collective vigilantism" as "group violence to punish perceived offenses to a community." History Vigilantism and the v ...
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Tennessee Law Review
''Tennessee Law Review'' began in 1922 and is published by the Tennessee Law Review Association which is based within the University of Tennessee College of Law The University of Tennessee College of Law is the law school of the University of Tennessee located in Knoxville, Tennessee. Founded in 1890, the College of Law is fully accredited by the American Bar Association and is a charter member of the Ass ..., Knoxville. The journal is published quarterly and edited is by University of Tennessee Law students. See also * List of law reviews in the United States References External links * University's website {{DEFAULTSORT:Tennessee Law Review American law journals General law journals Law journals edited by students Publications established in 1922 University of Tennessee ...
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Private Law
Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Pri ...
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Autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's own law" is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be defined from a human resources perspective, where it denotes a (relatively high) level of discretion granted to an employee in his or her work. In such cases, autonomy is known to generally increase job satisfaction. Self-actualized individuals are thought to operate autonomously of external expectations. In a medical context, respect for a patient's personal autonomy is considered one of many fundamental ethical principles in medicine. Sociology In the sociology of knowledge, a controversy over the boundaries of autonomy inhibited analysis of any concept beyond relative ...
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The Elements Of Moral Philosophy
''The Elements of Moral Philosophy'' is a 1986 ethics textbook by the philosophers James Rachels and Stuart Rachels. It explains a number of moral theories and topics, including cultural relativism, subjectivism, divine command theory, ethical egoism, social contract theory, utilitarianism, Kantian ethics, and deontology In moral philosophy, deontological ethics or deontology (from Greek: + ) is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, r .... The book uses real-life examples in explaining the theories. The author considers some problems such as relativism and moral subjectivism, religion and its relations with morality, the ethical and psychological selfishness of people, at the same time that he shows us some very important normative theories, such as Kantianism, utilitarianism, ethics. of virtue, feminist ethics and contractualist theories. The book ...
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James Rachels
James Webster Rachels (May 30, 1941 – September 5, 2003) was an American philosopher who specialized in ethics and animal rights. Biography Rachels was born in Columbus, Georgia, and graduated from Mercer University in 1962. He received his Ph.D. in 1967 from the University of North Carolina at Chapel Hill, studying under W. D. Falk and E. M. Adams. He taught at the University of Richmond, New York University, the University of Miami, Duke University and the University of Alabama at Birmingham, where he spent the last twenty-six years of his career. He married Carol Williams in 1962, and they had two sons, David and Stuart. As a teenager, he won a national speech contest that enabled him to appear on American Bandstand and to meet John F. Kennedy and Richard M. Nixon. He taught chess to his 9-year-old son, Stuart, who became the youngest chess master in American history at age 11. At the University of Alabama at Birmingham, Rachels started in 1977 as Chair of Philosophy, ...
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Metaphysics Of Morals
The ''Metaphysics of Morals'' (german: Die Metaphysik der Sitten) is a 1797 work of political and moral philosophy by Immanuel Kant. In structure terms, it is divided into two sections: the ''Doctrine of Right'', dealing with rights, and the ''Doctrine of Virtue'', dealing with virtues. Kant's development of his ethical theories in the work include an evolution of the "categorical imperative" concept and an exploration of the consequences of treating humanity as rational beings in the context of duties. Summary The work is divided into two main parts, the ''Rechtslehre'' and the ''Tugendlehre''. Mary J. Gregor's translation (1991) explains these German terms as, respectively, the ''Doctrine of Right'', which deals with the rights that people have or can acquire, and the ''Doctrine of Virtue'', which deals with the virtues they ought to acquire. ''Rechtslehre'' has also been translated as the ''Science of Right'' (Hastie) or the ''Metaphysical Elements of Justice'' (Ladd). ...
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Philosopher
A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek thinker Pythagoras (6th century BCE).. In the classical sense, a philosopher was someone who lived according to a certain way of life, focusing upon resolving existential questions about the human condition; it was not necessary that they discoursed upon theories or commented upon authors. Those who most arduously committed themselves to this lifestyle would have been considered ''philosophers''. In a modern sense, a philosopher is an intellectual who contributes to one or more branches of philosophy, such as aesthetics, ethics, epistemology, philosophy of science, logic, metaphysics, social theory, philosophy of religion, and political philosophy. A philosopher may also be someone who has worked in the humanities or other sciences whic ...
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An Eye For An Eye
"An eye for an eye" ( hbo, עַיִן תַּחַת עַיִן, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The principle exists also in Babylonian law. In Roman civilization, the law of retaliation ( la, lex talionis) bears the same principle that a person who has injured another person is to be penalized to a similar degree by the injured party. In softer interpretations, it means the victim receives the stimatedvalue of the injury in compensation. The intent behind the principle was to ''restrict'' compensation to the value of the loss. Definition and methods The term ''lex talionis'' does not always and only refer to literal eye-for-an-eye codes of justice (see rather mirror punishment) but applies to the broader class of legal systems that specifically formulate penalties for specific crimes, which are thought to be fitting in their severity. Some propose that this was at least in part intend ...
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Hebrew Bible
The Hebrew Bible or Tanakh (;"Tanach"
'' Random House Webster's Unabridged Dictionary''.
Hebrew: ''Tānāḵh''), also known in Hebrew as Miqra (; Hebrew: ''Mīqrā''), is the canonical collection of Hebrew scriptures, including the Torah, the
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Lex Talionis
"An eye for an eye" ( hbo, עַיִן תַּחַת עַיִן, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The principle exists also in Babylonian law. In Roman civilization, the law of retaliation ( la, lex talionis) bears the same principle that a person who has injured another person is to be penalized to a similar degree by the injured party. In softer interpretations, it means the victim receives the stimatedvalue of the injury in compensation. The intent behind the principle was to ''restrict'' compensation to the value of the loss. Definition and methods The term ''lex talionis'' does not always and only refer to literal eye-for-an-eye codes of justice (see rather mirror punishment) but applies to the broader class of legal systems that specifically formulate penalties for specific crimes, which are thought to be fitting in their severity. Some propose that this was at least in part intend ...
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