Jurisprudence Myth Busted: 'Punishment as Collective Anger' โ Retribution Theory
jurisprudence judiciary intermediate myth_bustOkay, you guys, let's talk jurisprudence. We all know about Bentham and his utilitarian views, but what about punishment? Coaching institutes usually link collective anger with retribution theory, but that's not entirely accurate. In truth, collective anger is more related to retributivism's emotional aspect, while the core theory revolves around justice as retaliation. Think Hans Kelsen's pure theory of law โ it emphasizes the law's authority, not punishment as an end in itself. Now, when it comes to the actual theory, people confuse collective anger with retribution theory. They say punishment is a form of societal revenge, but that's more of a societal reaction rather than the core theory's foundation. So, for Prelims and Mains, it's essential to distinguish between collective anger and retribution theory.
Aapki baat sach hai, lekin mehsoos nahi hota. Main samajhta hoon ki jurisprudence mein punarshasan ka aarop kiya jata hai lekin yeh riti ke gunahon par khatre se bachne ke liye hota hai. Retribution theory ko 'punishment as collective anger' se judhaya jaata hai lekin yeh do cheejezain alag alag hain.