History
In the early period of all systems of law the redress of wrongs takes precedence over the enforcement of rights, and a rough sense of justice demands the infliction of proportionate loss and pain on the aggressor as he has inflicted on his victim. Hence the prominence of the "lex talionis" in ancient law. The Bible is no exception: in its oldest form it too included the "lex talionis," the law of "measure for measure" (this is only the literal translation of middah ke-neged middah).
In the 19th century, philosopher Immanuel Kant argued in Metaphysics of Morals, ยง49 E., that the only legitimate form of punishment the court can prescribe must be based on retribution and no other principle. "Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime."
Kant regards punishment as a matter of justice, and it must be carried out by the state for the sake of the law, not for the sake of the criminal or the victim. He argues that if the guilty are not punished, justice is not done. Further, if justice is not done, then the idea of law itself is undermined.
Read more about this topic: Retributive Justice
Famous quotes containing the word history:
“I am not a literary man.... I am a man of science, and I am interested in that branch of Anthropology which deals with the history of human speech.”
—J.A.H. (James Augustus Henry)
“The principle office of history I take to be this: to prevent virtuous actions from being forgotten, and that evil words and deeds should fear an infamous reputation with posterity.”
—Tacitus (c. 55–117)
“Free from public debt, at peace with all the world, and with no complicated interests to consult in our intercourse with foreign powers, the present may be hailed as the epoch in our history the most favorable for the settlement of those principles in our domestic policy which shall be best calculated to give stability to our Republic and secure the blessings of freedom to our citizens.”
—Andrew Jackson (1767–1845)