2011Legal ForumRequires access

Debate on Desert of Punishment

Jun Liu

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Abstract

How to treat the matter of desert now is the crucial element to differentiate the theoryies of punishment,but desert not only means the punishment facing what had happened but also indicates the reward in the future which is expected to have more influence on the mode of conducts.The matter of desert includes bearing responsibility or not,which is the premise of punishment,and the degree of responsibility,which become the criterion of punishment.The value of penalty is that someone is accused because of his conduct,but the degree of freedom of everyone increased,and the society becomes safer.

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How to treat the matter of desert now is the crucial element to differentiate the theoryies of punishment,but desert not only means the punishment facing what had happened but also indicates the reward in the future which is expected to have more influence on the mode of conducts.The matter of desert includes bearing responsibility or not,which is the premise of punishment,and the degree of responsibility,which become the criterion of punishment.The value of penalty is that someone is accused because of his conduct,but the degree of freedom of everyone increased,and the society becomes safer.

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Available abstract

How to treat the matter of desert now is the crucial element to differentiate the theoryies of punishment,but desert not only means the punishment facing what had happened but also indicates the reward in the future which is expected to have more influence on the mode of conducts.The matter of desert includes bearing responsibility or not,which is the premise of punishment,and the degree of responsibility,which become the criterion of punishment.The value of penalty is that someone is accused because of his conduct,but the degree of freedom of everyone increased,and the society becomes safer.

Key concepts: Desert (philosophy), Punishment (psychology), Premise, Value (mathematics), Element (criminal law), SAFER, Criminology, Law

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