An Analysis on the Rationale of Criminal Sanctions

  • Ritesha Das
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  • Ritesha Das

    Student of Symbiosis Law School, Hyderabad

Abstract

Since the time immemorial, the society has recognized the notion of ‘sanction’ & punished the offenders, while attempting to defend this tradition on moral and rational grounds and to explain the correlation between sanction and justice. Conventionally, the “deontological theories,” “utilitarian theories,” or a blend of both had been brought up to defend the imposition of sanction upon the offenders. This article aims to weigh the victims’ interests before imposing the punishment, with the social aims and thereby, opting for a flexible method to prosecute and/or punish the wrongdoers. This article aims to propose a broader notion of victim-oriented justice by outlining the victim-oriented theories of sanctions, being regarded as the ultimate justice. Further, it aims to propose the concept of a blended system of both traditional sanction theory and restitution. This practice will serve as the best possible method to ensure the fundamental aim of the maintaining the social order and will also align to the actual essence of the jurisprudence of punishments.

Type

Article

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2039 - 2048

DOI: http://doi.one/10.1732/IJLMH.26455

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021