"Doing Justice"

Paper Summary:

In the book, "Doing Justice", by Andrew Von Hirsch, the theory of retribution is re-addressed. The writer points out how it is Von Hirsch's belief that the purpose of the penal system is to provide punishment proportionate to the crime. The paper explains how the book takes retributivism one step further, arguing that the criminal who breaks the law is taking advantage of the law-abiding citizen and that a proportionate punishment restores the balance to society. It proposes that both benefits and burdens of the system would be limited if the time spent incarcerated was limited.

From the Paper:

"Justice is an ambiguous term that refers to a sense of equality and 'fairness'. Social justice refers to the way in which this ideological term is put into practice. At its most basic level, social justice is the way in which a community is governed: the laws, norms and sanctions that are put into place according to the form of government. With criminal behavior, the issues of safety and moral decision-making become an important component of the debate. If crime is considered an environmentally caused event, as opposed to a personal characteristic and, or, choice, then the type of system is needs to be re-evaluated and reconstructed. The importance of commitment in conventional social control is well established, however, there has recently been an increase in interest and a 'reframing' of many of the core concepts associated with "the need to settle a score" or punishment. Commitment has come to mean the same thing as incarcerated when viewed from certain philosophical tenets."

More papers on "Doing Justice":

• Analytical Essay # 134774 : "Vigilante Justice: A Silent Peril"
• Analytical Essay # 143001 : "Justice of the City and Justice of the Individual"
• Research Paper # 145853 : "Environmental Justice and Executive Order 12898"

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