Thetheory of criminal justice is the branch ofphilosophy of law that deals withcriminal justice and in particularpunishment. The theory of criminal justice has deep connections to other areas of philosophy, such aspolitical philosophy andethics, as well as to criminal justice in practice.
Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice,distributive justice, procedural justice, andretributive justice.[1] Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law).[2] Distributive justice seeks to appropriately distribute pleasure and pain between the offender and the victim by punishing the offender.[3]Procedural justice focuses on the fairness in the processes that punish criminals. Retributive justice is perhaps best captured by the phraselex talionis (the principle of "aneye for an eye"), which traces back to theCode of Hammurabi.
Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime. The principle oflex talionis received its most well known philosophical defense from Immanuel Kant.[4] Criminal law is no longer considered a purely retributive undertaking; deterrence figures prominently in the justification of the practice and in the rules themselves.[5]
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