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Showing posts from March 28, 2010

The idea of Justice is not litigant centric

I will begin with the words of Sir Lionel Fox, an acclaimed Penologist of England. He quotes the example of an 18th Century Judge who passed sentence of death saying, “You are to be hanged not because you have stolen a sheep, but in order that others may not steal.” He continued, “Executions are intended to draw spectators, and if they don’t, Executions do not serve their purposes.” It is said that if by punishing one offender, there is hope of deterring other prospective offender. Also, the punishment must also bring in some kind of shame to the delinquent so as to make deterrence demonstrative. Offenders are to suffer by punishment not because they were malignant or mischievous, but because others may not behave malignant and mischievous. There seems to be an instinctive feeling in most of men that a person who has done an injury should be punished for it. However, in the light of above settings, the valid reason for punishing delinquency is not to avenge injury caused, but to