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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Qisas or Qiṣāṣ (Arabic: قِصَاص, romanized: Qiṣāṣ, lit. 'accountability, following up after, pursuing or prosecuting') is an Islamic term interpreted to mean "retaliation in kind", [1] [2] "eye for an eye", or retributive justice.
Retributive justice is perhaps best captured by the phrase lex talionis (the principle of "an eye for an eye"), which traces back to the Code of Hammurabi. Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime.
Unfair Advantage Principle: To restore the balance by the imposition of extra burdens on those who have usurped more than their fair share of benefits. (Note the focus of Lex Talionis is on what others have lost, the focus of the unfair advantage principle is on what the offender gained.) Hegelian Retribution: Punishment annuls the wrong done.
The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.
An underlying principle of deterrence is that it is utilitarian or forward-looking. As with rehabilitation, it is designed to change behaviour in the future rather than simply provide retribution or punishment for current or past behaviour.
It can be an application of the lex talionis (“an eye for an eye”), but is not always proportional justice, as a similar method may be used to produce a worse or milder effect than the crime it "retaliates". The simplest method of mirror punishment is to enact the same action upon the criminal as the criminal perpetrated upon the victim.
The principle of Lex talionis in Islam is Qiṣāṣ (Arabic: قصاص) as mentioned in Qur'an, 2:178: "O you who have believed, prescribed for you is legal retribution (Qisas) for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should ...