THEORIES OF PUNISHMENT (Comprehensive Jurisprudential, Philosophical and Sociological Analysis) CHAPTER 1: RETRIBUTIVE THEORY OF PUNISHMENT 1. Conceptual Foundation The Retributive Theory is the oldest and most primitive theory of punishment. It is based on the moral idea that a wrongdoer must suffer because he has committed a wrong. The central principle is: Justice requires that the guilty deserve punishment. This theory does not focus on future consequences. It looks backward — at the crime already committed. Retribution is not merely revenge. Philosophically, it is based on the idea of moral desert . 2. Historical Evolution (A) Primitive Societies Blood revenge Clan retaliation Personal vengeance (B) Code of Hammurabi “Eye for an eye” principle formalized proportional retaliation. (C) Religious Influence Old Testament justice Hindu dharma theory Islamic Qisas Retribution moved from private revenge to state-controlled justice. 3. Philosophical Justification The strongest p...
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