ipl-logo

Corrective Justice In A Nutshell Analysis

777 Words4 Pages
Register to read the introduction…

This is explained very systematically in Professor Ernest Weinrib’s “Corrective justice in a nutshell”. According to professor Weinrib there are two ways in which justice prevails; one is corrective and the other being distributive. Corrective justice is based on restoration of equality. As explained by Aristotle, he likens the parties ' initial positions to two equal lines. The injustice upsets that equality by adding to one line a segment detached from the other. The correction removes that segment from the lengthened line and returns it to the shortened one. The result is a restoration of the original equality of the two lines. Corrective justice is on an individual transaction level, if one party gains by causing a loss to another in an illegitimate way, corrective justice rectifies it by restoring that gain to the losing party. This can be explained in a very simple way through this example: suppose A is playing cricket in the parking lot where B’s car is parked and A takes a shot causing damage to B’s car worth 5000 rupees, B happening to be present at the sight confronts A for the loss he has incurred. To “restore the equality” A decides to pay B rupees 5000 thereby, relieving B’s loss. This is a very simple example to explain corrective …show more content…

In The Merchant of Venice there is a contract signed between the famous merchant Antonio and the Jewish moneylender Shylock. Shylock lends Antonio money without interest on one condition that if he fails to repay he will have to give shylock a pound of his flesh from where he desires. This contract according to me is immoral and should not be legally validated. Shylock being an arch rival of Antonio decides to enter into a contract with Antonio to settle scores with him. This shows his bad intentions. Shylock very well knew Antonio’s weak financial conditions and need for money, hence taking undue advantage of the same he frames inhuman conditions in the contract knowing that they would be accepted. This shows the freeness of the consent, also the conditions to this contract were totally irrelevant. It talks about giving away a pound of flesh in case money is not returned; indeed this could lead to death. Such conditions are not only inhumane but also irrelevant as it would not monetarily restore the losing party. Hence this contract is immoral on all

Show More
Related

Summary Of Picking Cotton

1188 Words | 5 Pages

For example, the gap between eyewitness’ confidence and accuracy at trial. As we all known, judges play significance rule in court; also, on my point of view, the judge is a symbol of justice. However, when something were done in wrong way, the only way to fix it is to compensate the victims of wrongfully convicted

Read More

Barry Levinston's Sleepers And The Restorative Justice System

849 Words | 4 Pages

This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.

Read More

Indeterminate Sentencing

147 Words | 1 Pages

Restorative justice also known as balanced and restorative justice is “a sentencing model that builds on restitution and community participation in an attempt to make the victim whole again (Schmalleger 269).” Restorative justice focuses on “crime as harm and justice as repairing the harm”. This type of justice places crime control primarily in the hands of the community. 3. Indeterminate sentencing encourages rehabilitation using general unspecific sentences.

Read More

Injustice In Court

181 Words | 1 Pages

Injustice in the U.S. Court System Everyone would like to think that each individual that goes into court is considered fair and equal under the law. Growing up you’re taught that the decisions made in the U.S. courts are determined by the wisdom of the Constitution, and guided by equal and fair minded judges and juries of our peers (Swanson, Anna). Unfortunately, this is often not true. Movie depictions, like A Time to Kill (Schumacher), demonstrate how unjust the American court system actually is.

Read More

Restorative Justice Model Analysis

735 Words | 3 Pages

Restorative justice is not focused on inflicting punishment like retributive justice models, but may still act as a deterrent (notes). Restorative justice creates an incentive for offenders to not reoffend, as they will have a greater community support system and the incentive to not let down community members once they have regained trust. Though some community members will likely object to the lack of punishment, restorative justice serves the community by providing a far most cost effective justice system (Karmen,

Read More

Labeling Theory Of Criminal Justice

1927 Words | 8 Pages

The America justice system is necessary to assure the needs and rights of Americans is protected. The system is created to promise equality for all and recognize no life greater than another. However, in some aspects of the criminal justice system fall short of its initial objectives. Such as the injustice of placing children in a correction facility to be rehabilitated. The results of a child entering a correctional facility for minor crimes can be fatal; the process and experience could cause the child to become a criminal when the probability was slim.

Read More

Criminal Justice Vs Retributive Justice

647 Words | 3 Pages

Restitution is in our legal and court systems today as a part of a sentence in that the defendant is ordered to compensate the victim for any loss suffered. The process of an offender

Read More

Juvenile Justice Issues

1810 Words | 8 Pages

Restorative justice programs integrate protective factors to eliminate the risk factors. For example, according to the FBI Law Enforcement Bulletin, this model keeps punishment in proportion to the criminal act by focusing on three basic principles: 1) offenders who commit a wrongful act deserve appropriate consequences; 2) citizens have a moral right to give criminals only the sentence they deserve; and 3) society must avoid punishing an innocent person. Restorative justice still can involve traditional disciplinary measures, such as fines, incarceration, probation, or a combination of all three (Newton, 2013). Restorative

Read More

Pros And Cons Of Retributive Justice

1479 Words | 6 Pages

This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.

Read More

Restorative Justice Vs Utilitarianism

117 Words | 1 Pages

The theories of Restorative Justice and Utilitarianism seem to have much in common. Both aim to reach a virtuous response to crime, and therefore they are positive and forward looking. Utilitarians argue that punishing offenders crimes are likely to be reduced. Jeremy Bentham identified two objectives for punishment that share the same idea. Specific deterrence and general deterrence purpose are to increase the "price" for a criminal act in order to discourage potential offenders from choosing to commit crimes.

Read More

How To Read The Merchant Of Venice

1109 Words | 5 Pages

When Shylock is first introduced, his first words are “Three thousand ducats; well” (1.3.326). First impressions are everything, and the first impression the audience receives of Shylock is that he is money driven. The Elizabethan audience would have recognized Shylock as a Jew immediately because of the red hat that was required to be worn by all Jews. As Shylock’s introductory scene continues, we learn that he has been called names for his religious beliefs and been spat upon by Antonio because he is Jewish (1.3.438-39). Antonio responds to these accusations by admitting to them, and even acknowledging that he will likely do those things again because of Shylock’s religion (1.3.456-57).

Read More

The Merchant Of Venice: Is Shylock A Villain Or A Victim?

1003 Words | 5 Pages

Shylock made a deal to where if the money that he loans Antonio didnt get back to his possession in time that instead of paying a higher interest he has proposed the idea that antonio would have to pay him with a pound of Antonio’s own flesh. Antonio, confident in his money being back in time makes the deal. This proposed idea by Shylock is nothing but his own grief towards Antonio and seeing the advantage of the deal to harm him and possibly take his life outweighs his need for money. This oddly particular deal shows that shylock is stubborn and has no mercy for Antonio and will do what he needs to do to get revenge on antonio for treating him so poorly for his whole life. Shylock can be seen as the villian in this situation

Read More

Restorative Justice Thesis

143 Words | 1 Pages

Restorative Justice is needed for many reasons. The purpose of this paper is to tell you why it is needed. The basic goal of Restorative Justice is to hold juveniles accountable and aiding them in accepting them in responsibility for their actions by rebuilding relationships in the community. Community involvement is needed in preventing future juvenile crimes.

Read More

The Merchant Of Venice Is Shylock A Villain Analysis

709 Words | 3 Pages

The bond between Shylock and Antonio is a concern because Shylock is asking for a pound of human flesh off of Antonio’s body which most likely would kill Antonio. Shylock undoubtedly knows that taking a pound of human flesh off of a person will kill them so essentially Shylock wants Antonio’s life at the cost of three thousand ducats, which is about half a million in US dollars today. If someone today was to pay half a million dollars in other to kill another person, you could assume that the target was wealth or politically powerful. Antonio does not fit those description because he is a typical christian who is in love.

Read More

Double Standards In Alan Sinfield's Othello '

1153 Words | 5 Pages

My analysis extends here to the question of legitimacy; the border between good and bad citizen; to the double standards in dealing with subjects. Such notion denotes that even villains are at times and under certain conditions indispensable as long as they serve the purpose of the state. Alan Sinfield brings this idea to its ultimate utility in the discussion of Othello both as an outsider and noble. He asserts: "In respect of murdering state enemies, at least, he [Othello] was a good citizen" ("Faultlines" 34), and even "more by accepting within himself the state's distinction between civilized and barbaric. "

Read More

More about Corrective Justice In A Nutshell Analysis

Related Topics

Open Document