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Pages:
2 pages/β‰ˆ550 words
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MLA
Subject:
Law
Type:
Essay
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English (U.S.)
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Topic:

Theories of Justice

Essay Instructions:
Comparison and contrast of Utilitarianism, Rehabilitative, and Retributive Theories of Justice Proper works cited page
Essay Sample Content Preview:
Name
Professor
Course
Institution
Date
THEORIES OF JUSTICE
Justice in society can be based in terms of uniform human rights and economic equality in terms of taxation as well as equal income and wealth distribution among members of the society, thus enhancing solidarity among the members of the society. Theories of justice were developed in these two concepts, but theorist argued in different ways. The theories analyze the best and easy way to be followed in maintaining and offering justice to people.
Retributive theory
This theory emerged as a result of revenge that existed in ancient days. People in the society reacted in a different manner causing different but severe crimes. The government had to intervene to strengthen cordial relationship within the society by involving the judiciary where the victim of crime was awarded punishment which was equivalent (i.e.) "a tooth for a tooth". The retributions theorists insist that the punishment should not be duplicate rather equivalent. However, the appropriateness of severe punishment greatly depends with the culture and individuals CITATION Sar01 \l 2057 (Austin).
Utilitarianism
The utilitarian wanted cohesiveness of the society to be maintained by promoting the happiness of the members. The maintenance of happiness will be through relying on indirect measures; theory of human good, forms of the organization to realize the just and good social condition they want in the society. Utilitarian`s argue that justice and morals go hand in hand, thus society, which, maintains morality of higher degree never will they give some justice a higher priority than the other. The difficult that always encounter the utilitarian`s is to determine which economic or political principles to be followed and accepted in the society. To them, they consider free trade due to reward of hard work as well as allowing a great deal of freedom. Injustice involves violations of human rights to specific people, but the theory gives them the chance to claim their moral right (i.e.) the society is ready to defend everyone because the rules are meant for each and every person in the society helping people to prosper in general. The features of this theory are to promote happiness and solidarity in the long run.
Rehabilitative theory
Rehabilitation simply means helping a person to fit again in a given society. The failure of physical and forced labor punishment method to control and change people`s behavior led to the emergence of rehabilitation. The psychiatrist, psychologist and criminologist linked crime and deviance of behavior being biological and psychological defects. Criminals were argued to be sick, and their objective was to cure them. The theory mainly involves classifying prisoners into different groups regarding their sickness, offering them psychotherapy according to the nature of their deviance. Those who were declared beyond rehabilitation were offered indefinite imprisonment. The...
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