One of them has "retributional," but all the others are "retributive," so you guess that "retributive" is the standard term.
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In response, one might call my stance a crude form of retributive justice.
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It's a retributive move – like a lyric from one of Dre's old NWA raps.
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There is no retributive backbiting of internal opponents like Hillary Clinton or Stanley McChrystal.
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In Gregg, the court cited two justifications for the death penalty: retributive justice and deterrence.
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All this may help to explain why hate and its retributive punishments are on the rise.
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Retributive nature is a strong predictor of whether the increased casualties from the nuclear strike bothered respondents.
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Nowadays, the statutory contempt power is used, less coercive and more in an attitude of retributive punishment.
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They, too, were haunted by well-earned fear and mistrust, borne of seemingly endless cycles of retributive cruelty.
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Moreover, the rhetoric from the President himself tends to focus on a retributive, hardline approach to drug crimes.
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They warn specifically that JASTA could open up American military, intelligence and diplomatic personnel overseas to retributive lawsuits.
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It's not just retributive violence, but a strategic way of leveraging power in his standoff with the government.
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In all, about 3,000 members of the party, from supporters to presidential candidates, were killed in retributive violence.
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Yet, he added, in recent days, the movement has been debating whether such retributive violence is morally justifiable.
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The Oresteia established a more or less canonical version of the events that rippled outward from these retributive homicides.
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American prisons are built on the idea of retributive justice, where the primary goal is to punish and seek vengeance.
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But he suggested they also aren't going to get there by gratifying any retributive urges to lash out at Trump.
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As a society interested in retributive justice, the last thing we want to do is point the finger at social media.
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She is the author of "Women and Transitional Justice: Progress and Persistent Challenges in Retributive and Restorative Processes" (Palgrave/Macmillan, 2014).
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However, the Trump administration's policies so far have veered from the idea of a second chance in favor of a more retributive approach.
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Anger, according to this view, is almost always retributive; even when it does not seek personal redress, it demands the suffering of others.
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To understand just how different a rehabilitative model of justice is from our retributive one, it's important to keep two things in mind.
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The report suggests that support for the death penalty is a proxy for "retributive nature," which predicts support for war and torture as well.
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"Imdad's death will serve no retributive purpose, as he remains completely unaware of this reality," said defense lawyer Sarah Belal in an emailed statement.
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He has touted Mr. Trump's hard line on trade, even though it may result in retributive tariffs from China on Florida citrus and other crops.
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Buddhism, which was brought to China by Indian missionaries around the first century A.D., added the idea of continuous rebirth and the retributive effects of Karma.
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The TRC was hailed internationally as an unusually successful example of restorative justice, as opposed to the retributive model that had been practiced at the Nuremberg trials.
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Clinton, many Democrats might be justifiably concerned about property damage or other forms of retributive tactics if they posted signs in her favor on their front lawns.
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The scope of damage a corrupt, retributive, erratic president could do with weeks or months of unfettered power—unconstrained by any meaningful legislative check—is nausea-inducing.
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Unlike their last meeting, at Fenway Park a month ago, there were no spikes-up slides, no retributive fastballs in the back and no bench-clearing brawls.
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The visceral, retributive reactions to Mr. Madoff's petition, including from liberals who claim to want to end mass incarceration, reveal the obstacles to transformational criminal justice reform.
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The event triggered a thoroughly documented sequence of responses — a manhunt, a three-month state of emergency and retributive air strikes on the Isis hotbed of Raqqa in Syria.
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Thornberry late last week came out in opposition of the measure, warning that it could open up U.S. military, intelligence and diplomatic personnel to retributive lawsuits in other nations.
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The National Research Council is the latest authority to note that long-term sentences, even for violent crimes, serve little purpose other than to reinforce the retributive goal of corrections.
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From the joyless frenzy of its opening number — which rhymes "velvet rope" with "grind and grope" — "This Ain't No Disco" wears its retributive grimness like a suffocating, Lycra spandex shroud.
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But Ms. Mazzoli and Mr. Vavrek's final tweak to Ms. Russell's story, suggesting the initiation — or, perhaps, continuation — of a cycle of resentment and retributive violence, is a chilling touch.
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But many of those who work with lifers will attest to another factor, something that the American punitive, retributive criminal-justice system scarcely seems to believe is possible: lasting change.
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Policies like these are used to control women's autonomy by restricting reproductive access or by engendering a culture of fear and retributive policies against those who seek equality and dignity.
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And yet, part of the purpose of our criminal justice system is to filter that retributive instinct through more detached institutions so that justice, rather than simple revenge, may be done.
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We open in the Twins, but this time it is the Freys who are murdered en masse by a shape-shifting Arya Stark, in a retributive reversal of the Red Wedding.
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Mac Thornberry (R-Texas) became the first Republican to come out against a veto override, warning that the bill could put American military, intelligence and diplomatic personnel at risk of retributive lawsuits.
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He is a stern and often sensationalist chronicler of the evil that men and women do to one another, and he tends to be as judgmental and retributive as the Old Testament.
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The move is the latest escalation in a retributive back-and-forth between the two countries, even as President Trump is pushing to readmit Russia into the Group of 7 industrialized nations.
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The move is the latest escalation in a retributive back-and-forth between the two countries, even as President Trump is pushing to readmit Russia into the Group of 7 industrialized nations.
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For people of these political inclinations, policing in the United States is, for good reason, seen as overly punitive and frequently racist, and crime should be addressed through means other than retributive justice.
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Nemesis, an ancient Greek goddess, dealt in retributive justice; it is at the heart of Shakespeare's "Hamlet" and "Titus Andronicus", as well as westerns and films as diverse as "Gladiator" and "Death Wish".
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There is no 'honest loyalty' in using those civilians as surrogates to feed stolen information and memos to the press to achieve a personal, political, and retributive objective of harming a sitting president.
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But Jewish theologians also explained that their tradition, rooted more in the retributive justice of the Old Testament than the turn-the-cheek ethos of the New Testament, takes a different approach to forgiveness.
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There is a point in all these antihero sagas, around the finale, where the viewing process turns into a kind of moral people's court, where fans debate the precise retributive price the series should exact.
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In Downton Abbey, Lady Mary Crawley's interest in her suitors often waxes or wanes without incident or explanation; her coldness to Edith is sometimes retributive, but sometimes a random attack — not unlike Hamlet's spontaneous railing at Ophelia.
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Insurance companies may not pine for the pre-Obamacare status quo, but they apparently don't want to ruffle the feathers of the leaders of a unified government, especially a retributive president who could train his sights on them.
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Critics of the legislation — like Thornberry and now Smith — are concerned that the bill would open up U.S. service members, diplomats and intelligence officials to retributive lawsuits by other nations that may enact similar legislation in response to JASTA.
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And rather than derailing the cycle of violence and trauma, our system's retributive approach may often support and even accelerate that destructive cycle: According to the Bureau of Justice Statistics, 68% of state prisoners are arrested again within three years.
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In each instance, the court's majority focused on levels of culpability and the capacity of the defendant to understand either the nature of the crime they had committed or what capital punishment would mean as a retributive response to it.
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To counter the systemic damage of four decades of retributive criminal justice, we have to give incarcerated learners more than degrees — we have to give more of them a chance to apply what they have learned to life on the outside.
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Advocating both longer sentences and a move from a rehabilitative model to a retributive one, Nixon argued for the expansion of prisons on the basis of population growth estimates, specifically projections (later discounted) of a sharp rise in the number of young black Americans.
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"There is nothing in the record that could support a finding that the sophisticated institutional investors here were willing to risk breaching their own fiduciary duties to their clients out of fear of some alleged 'potent retributive capacity' on the part of Musk," the board's brief said.
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The Justice Department's move was one of a slew of seemingly retributive actions by the White House against California, as the state worked with the four automakers — Ford Motor Company, Volkswagen of America, Honda and BMW — to defy Mr. Trump's planned rollback of national fuel economy standards.
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I don't know if he found it inspiring, or amusing, or somehow relaxing; I cannot tell you whether his glove compartment had a bunch of similar cassettes with, like, Marked For Death or The Rocketeer or The Joy Luck Club that he listened to when in less violently retributive moods.
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And so when, almost 30 years later, he painted the Last Judgment in that same chapel, his fresco "embodied a long-abhorred heresy […] doubting the eternal torment of sinners and the vindictive retributive nature of the Last Judgment," — a "merciful heresy," or what Steinberg calls a Vatican II vision of the Last Judgment.
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However, this system of punishment was not practiced often because the Chinese legal system asserted a retributive theory of punishment.
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Walter Seymour Allward's Justitia (Justice), outside Supreme Court of Canada, Ottawa, Ontario Canada Theories of retributive justice involve punishment for wrongdoing, and need to answer three questions: # why punish? # who should be punished? # what punishment should they receive? This section considers the two major accounts of retributive justice, and their answers to these questions.
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In the concluding part of the frame narrative God restores and increases his prosperity, indicating that the divine policy on retributive justice remains unchanged.
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Utilitarian theories look forward to the future consequences of punishment, while retributive theories look back to particular acts of wrongdoing, and attempt to balance them with deserved punishment.
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Procedural justice focuses on the fairness in the processes that punish criminals. 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. The principle of lex talionis received its most well known philosophical defense from Immanuel Kant.
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1181, 1204-07 (2004), for a discussion of restorative justice as a reasonable replacement for retributive sanctions. "Cf." becomes "compare" and "e.g." becomes "for example" when the signals are used as verbs.
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Muhammad gave the violators 4 months to reconsider their position and demanded retributive justice for the victims. After this 4-month period expired, Muhammad marched with a 10,000-strong army toward Mecca.
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Recent political engagement by New Zealand bishops have included statements issued in relation to: indigenous rights and Treaty of Waitangi settlements; the rights of refugees and migrants; and promoting restorative Justice over retributive justice in New Zealand.
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The Vaibhāṣika theory of karma is also closely related to their theory of tri-temporal existence, since karmas also exist in the past and in the future. Indeed, the efficacy of past karma is part of their argument for "all exists", since, for the Vaibhāṣika, if a past karmic retributive cause ceases to exist completely, it cannot lead to the karmic effect or fruit.Dhammajoti (2009) p. 385 As Dhammajoti explains: > At the very moment when a retributive cause arises, it determines the causal > connection with the fruit-to-be; i.e., ‘it grasps the fruit’.
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If so, how much? He concludes that the retributive framework is better on grounds of simplicity. Similarly, under the retributive theory, he contends that self-defense is appropriate even if the victim uses more force to defend him or herself. In particular, he proposes that the maximum amount of force that a potential victim can use is: f(H) + r \cdot H ~~~~~(where~~ f(H) \geq H ) And in this case H is the harm that the victim thinks that the other is going to inflict upon him or herself.
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Kant, Immanuel. (original 1785.) Groundwork of the Metaphysics of Morals. Grundlegung zur Metaphysik der Sitten. (in German) Criminal law is no longer considered a purely retributive undertaking; deterrence figures prominently in the justification of the practice and in the rules themselves.
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He cautioned that retributive justice would not heal the nation's wounds. "While the retributive justice system and imprisonment may have served the purpose of punishing offenders, it will not lead to healing and reconciliation," Naivalu said. While acknowledging that some chiefs had been convicted and imprisoned on coup-related offenses, he insisted that "they were acting in accordance with their prescribed role according to customary practices." The endorsement of the legislation by the Methodist Church has brought the church into conflict with the Military, which has threatened to ban Methodist ministers from serving as military chaplains with Fijian troops travelling overseas.
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This destroys her life and Anathan is also distraught. Later, Anathan comes to know the truth and tries to make a retributive justice. In the end, Keshavankutty, fearing for his life, runs away from the village, and Anathan and Amminikutty unite again.
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These retributive principles marked a sharp divergence from the rehabilitative and therapeutic philosophies that preceded them. This sharp ideological divergence transformed Dutch prosecutorial charging guidelines.Junger-Tas, J. (2004) Youth Justice in the Netherlands, pp. 319-323. Chicago: University of Chicago Press, 2004.
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A victim may continue to seek revenge or desire punishment, e.g. as in retributive justice systems. A perpetrator may lack remorse and may say that they lack remorse. As in transformative learning, one works from desired future states back to the present steps required to reach them.
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He himself was a facile writer of verses, the majority of which appeared in his own paper. Of his dramatic pieces, Conscience, a comedy, was performed at the Theatre Royal, Manchester, in 1815, with moderate success; and he also wrote Retributive Justice, a tragedy, and A Family Story, a comedy.
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Su regarded capital punishment as "irrational" and supported the eventual abolition of capital punishment in China; however, he argued that the goal should be achieved "step by step" over a long period of time, solely because the general public widely believed in "the retributive and deterrent effect of the death penalty".
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The movie is based on the four stories of the Urdu Writer Saadat Hasan Manto. Mantostaan sheds light on the inhumane side of mankind. Set during the Indo-Pakistan partition in 1947, the movie highlights the retributive genocide between the religions, killing as many as people and displacing over 14 million people.
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All aspects of law are fair game on APDA, including constitutional law (e.g. whether a Supreme Court case was wrongly decided), procedural law (e.g. whether standards of proof should differ for criminal and civil law) and abstract legal theory (e.g. whether retributive justice is a moral justification for the criminal justice system).
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Criticizing substitutionary accounts of atonement, Chartier notes that such theories purport to be committed to belief in retributive justice, and thus fall victim to standard objections to retributivism. At the same time, however, by allowing for substituted punishment, they imply a view of justice unlikely to be satisfactory to retributivists themselves.Analogy 213-6.
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It is the philosophy of reconciliation and forgiveness that expresses "respect for a person's dignity irrespective of what that person has done." In this theology and ideology, Tutu seeks restorative justice over against retributive justice to give opportunity for the healing of both the oppressed and the oppressor as children of God.
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This view opens the possibility of seeing Hell not as retributive punishment, but rather as an option that God allows, so that people who do not wish to be with God are not forced to be. C. S. Lewis most famously proposed this view in his book The Great Divorce, saying: "There are only two kinds of people in the end: those who say to God, 'Thy will be done,' and those to whom God says, in the end, 'Thy will be done.'" Hell is not seen as strictly a matter of retributive justice even by the more traditionalist churches. For example, the Eastern Orthodox see it as a condition brought about by, and the natural consequence of, free rejection of God's love.
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Some modern philosophers have said that Utilitarian and Retributive theories are not mutually exclusive. For example, Andrew von Hirsch, in his 1976 book Doing Justice, suggested that we have a moral obligation to punish greater crimes more than lesser ones.Andrew Von Hirsch, Doing Justice: The Choice of Punishments (Lebanon NH: Northeastern Univ. Press, 1976).
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He believes punishment should be minimized since it often backfires, and sometimes encourages subsequent harmful behavior. He believes that an acceptance of determinism would bring about the positive outcome of making people less punishment-oriented and less retributive, and that human responses to the problem of crime would become more practical and beneficial overall.
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The model has evolved over the years to incorporate institutional power relationships (i.e., police-citizen, boss-employee) and informal ones (i.e. man-woman, rich-poor, adult-youth, parent-child). The ultimate aim is to develop societal relationships based on a restorative, "partnership" paradigm and mutual respect, rather than a retributive, fear- based, "domination" paradigm.
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Philosophically, the organization claims to encourage restorative justice and transformative justice models over retributive justice. The organization lists as its spiritual advisors Robert Baker Aitken Roshi, Pema Chödrön, Rabbi David Cooper, Roshi Bernie Glassman, Roshi Joan Halifax, Father Thomas Keating, Jack Kornfield, Stephen Levine, John Daido Loori, Sakyong Mipham Rinpoche, Thrangu Rinpoche, and Jon Kabat-Zinn.
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Retributive justice is characterized by the punishment of criminal offenders by means equal to their crime, ideally preventing future offenses from occurring. In other words, retributive justice is more typically exemplifying of the traditional justice system, where criminals are punished based on an "eye for an eye" principle, where imprisonment, and/or punishment that is equivalent to the crime committed, is imposed on the offender. In contrast, restorative justice aims to rehabilitate individuals, and is more characteristic of the enlightenment period, where all available knowledge can be used to create an account of why a criminal offense occurred. In the case of militarized children, the identification of the most effective way to prevent future offenses from occurring involves identifying and examining all people and other influential factors involved in the children's lives.
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Karl Binding Karl Ludwig Lorenz Binding (4 June 1841 – 7 April 1920) was a German jurist known as a promoter of the theory of retributive justice. His influential book, Die Freigabe der Vernichtung lebensunwerten Lebens ("Allowing the Destruction of Life Unworthy of Living"), written together with the psychiatrist Alfred Hoche, was used by the Nazis to justify their T-4 Euthanasia Program.
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Within the Hamburg legislature Langhans campaigned strongly for women's rights and for retributive measures against perpetrators of state sponsored crimes during the Nazi years. A particular target was the historian Kurt Detlev Möller, "outed" as a former Nazi party member and, she contended, "a great anti-Semite", who was attempting to reinvent himself as Director of the Hamburg City Archive.
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There are three (3) generally accepted understandings of hell: # A literal place of fire where the damned suffer eternal conscious torment. # A metaphorical hell where the suffering is real but is not literally fire and brimstone. The pain may be physical, emotional or spiritual. # Conditional, where souls are punished until retributive justice is met or accomplished, after which these punished souls are annihilated.
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People arrested on drug charges, or for prostitution or the solicitation of prostitutes (as well as several other types of offenses), were sent through a comprehensive course of counselling rather than automatically being handed criminal convictions and custodial sentences. The results were better, and the costs far lower, than with the traditional retributive approach.The Nation "The Other Rocky", thenation.com; accessed January 22, 2017.
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Chechnya-based militants led by warlords Shamil Basaev and Ibn Al- Khattab launched an armed invasion of Dagestan in the autumn of 1999. While the invasion was resisted by Dagestani civilians and Russian troops, a retributive military attack was launched against the Djamaat. In the ensuing fighting, the three villages were destroyed and the Djamaat's militants left the area on 15 September 1999.
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But in Brown, the Court held that "Punishment serves several purposes; retributive, rehabilitative, deterrent—and preventive", establishing that a law can be a bill of attainder even it is preventive.Carringan, "The Bill of Attainder Clause: A New Weapon to Challenge the Oil Pollution Act of 1990," Boston College Environmental Affairs Law Review, 2000, p. 143, quoting United States v. Brown, 381 U.S. 437, at 458.
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The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so they will serve as both an impressive example and a warning to other would-be dissidents or transgressors.OED (2014): "show trial". Show trials tend to be retributive rather than corrective and they are also conducted for propagandistic purposes. The term was first recorded in 1928.
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The statute reorganized and modified existing law, and also included new laws. Novel features included a tendency toward severe penalties, including capital punishment, which was in line with the general reactionary retributive trend in contemporary European law (cf. Malleus Maleficarum). The statute also provided that crimes committed by or against people from different social ranks were punished alike, following the idea of equal worth of human life.
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Katsonis managed to flee with just two ships toward Milos. He had lost 565 men; the Turks, over 3,000.An Index of Events in the military History of the Greek Nation, p. 459-460. However, not all was lost for the Greeks, for the Treaty of Küçük Kaynarca (1774) allowed the islands to develop their commerce under Russian protection. Moreover, the islands were relatively unaffected by the Ottomans’ retributive exactions.
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Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice, distributive justice, procedural justice, and retributive justice.Richard A. Posner, The Problems of Jurisprudence. pp. 313-352 Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law). Distributive justice seeks to appropriately distribute pleasure and pain between the offender and the victim by punishing the offender.
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The title of this book refers to providing an alternative framework for thinking about – or new lens for viewing – crime and justice.Dorne, Clifford K. Restorative Justice in the United States. N.J.: Pearson Prentice Hall, 2008: 8. Changing Lenses juxtaposed a "retributive justice" framework, where crime is viewed as an offense against the state, with a restorative justice framework, where crime is viewed as a violation of people and relationships.
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According to Oziewicz, the central question of the story is one that Memer asks the Oracle: "How can we be free of the Alds?" The answer is not a bloody revolution, but a compromise, possible because both parties are willing to recognize and end the conflict. Desac symbolizes the idea of retributive action, which is more emotionally satisfying but ultimately unsuccessful, while Orrec offers the more difficult, but successful method.
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But this was not enough to satisfy young Cherokee who wished to honor their cultural obligation of "blood revenge" and sought social status. Throughout 1758 and 1759, Cherokee warriors launched retributive raids on the southern colonial frontier. Hoping that matters might be forgiven, Attakullakulla even led a Cherokee war party against French Fort Massiac, and tried to negotiate peace with the British.Tortora, Carolina in Crisis, pp. 57–58, 60, 63–64, 68.
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Determinists even admit that with corresponding knowledge, changes in the genetic depository and consequently behavior are possible. Up to now, the concepts and terminology of legal affairs follow the pre-reflexive belief in alternative possibilities. As scientific insight advances, the juridical attitude becomes increasingly "external": there should be fewer emotions about offender's will and more concern about the effects of offenses on society. The retributive function of punishment should be rejected as irrational and unjustified.
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Egalitarians have said that justice can only exist within the coordinates of equality. John Rawls used a social contract theory to say that justice, and especially distributive justice, is a form of fairness. Robert Nozick and others said that property rights, also within the realm of distributive justice and natural law, maximizes the overall wealth of an economic system. Theories of retributive justice say that wrongdoing should be punished to insure justice.
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The licence fee in Greece is indirect but obligatory and paid through electricity bills. The amount to be paid is €51.60 (2013) for every separate account of the electrical company (including residence, offices, shops and other places provided with electricity). Its beneficiary is the state broadcaster Ellinikí Radiofonía Tileórasi (ERT). Predicted 2006 annual revenue of ERT from the licence fee (officially called "retributive" fee) is €262.6 million (from €214.3 million in 2005).
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Newman believes that the existence of LGBT communities poses a threat to the United States as a whole. He claimed that the late 2000s recession and extreme weather events were in part brought upon by God as retributive punishment because of legal abortion and tolerance for LGBT people. In Newman's view, broader American society has made it "too easy" to be LGBT. He argues that God will inflict active harm and judgment against such persons.
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Instead, it was also used in cases such as adultery and theft. Third, there were numerous ways to inflict the death penalty, unlike modern India which uses hanging as their only means of imposing death. Fourth, in modern India the death penalty is an exception whereas in ancient India it was a rule. Fifth, today the underlying principle seems to be retributive while in classical India it was a means of deterrence.
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So if this equation is positive, the potential infractor will have an incentive to violate the potential victim's rights. Here the two theories come into play. On a retributive justice framework, an additional cost R should be imposed to the transgressor that is proportional to the harm done (or intended to be done). Specifically, R = r\cdot H, where r is the degree of responsibility the infractor has and 0 \leq r \leq 1.
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The phrase "restorative justice" has appeared in written sources since the first half of the nineteenth century. The modern usage of the term was introduced by Albert Eglash, who in 1977 described three different approaches to justice: # "retributive justice", based on punishment; # "distributive justice", involving therapeutic treatment of offenders; # "restorative justice", based on restitution with input from victims and offenders.Van Ness, Daniel W., Karen Heetderks Strong. Restoring Justice – An Introduction to Restorative Justice.
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Iyer ruled in several cases that aimed to secure against custodial violence, ruling on bail conditions as well as regarding legal aid for detainees. yer also ruled against the practice of establishing special courts for cases involving politically connected persons. Iyer advocating criminal justice based on corrective measures, and opposed retributive justice, calling for therapies such as meditation within prison environments to help decrease recidivism. He also ruled against the practice of solitary confinement.
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There was more pressure put on both sides by Norway and Cuba to resolve this conflict, and finally the proposal to set up a commission for truth was put into place. Many Colombians called for retributive justice in which rebels would face justice for civilian deaths, kidnappings and other means of extortion that were commonly used. The FARC, however, refused to be prosecuted, though they did admit the possibility of “reviewing” some of their errors.
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While pursuing global dialogue, however, Han kept distance from the West-centered presuppositions in social sciences. Instead, he introduced a reconstructed Confucian framework of understanding. For instance, he argued for a balance between individual empowerment and community wellbeing and also between retributive justice and reconciliation. A good case in point is his study of the Gwangju democratic movement with the focus on the experience of self-rule by citizens as an instance of communitarian human rights.
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The third of the utilitarian or relative theories of punishment is the reformative theory, which is encapsulated by the judgment in S v Shilubane,2008 (1) SACR 295 (T). where the court found "abundant empirical evidence"—it cited none, though—that retributive justice had "failed to stem the ever-increasing wave of crime" in South Africa.Para 5. The courts, it decided, must therefore "seriously consider" alternative sentences, like community service, as viable alternatives to direct imprisonment.
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Conclusions may be made that apply to most individuals in the group, but not all individuals, with some possibly experiencing negative effects of the intervention. In some cases, arrest may provoke the abuser and increase the possibility of more retributive violence. The Minneapolis Experiment was based on deterrence theory, which includes the assumption that the offender is making rational decisions. In the case of domestic violence (and many other offenses), offenders often show little rational behavior.
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Darrow's 12-hour summation at their sentencing hearing is noted for its influential criticism of capital punishment as retributive rather than transformative justice. Both young men were sentenced to life imprisonment plus 99 years. Loeb was murdered by a fellow prisoner in 1936; Leopold was released on parole in 1958. The Franks murder has been the inspiration for several dramatic works, including Patrick Hamilton's 1929 play Rope and Alfred Hitchcock's 1948 film of the same name.
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As it became clearer that full-scale conventional operations could not effectively fulfill the requirements of a regional counter-insurgency effort, South Africa turned to a number of alternative methods. Retributive artillery bombardments were the least sophisticated means of reprisal against insurgent attacks. Between 1978 and 1979 the SADF directed artillery fire against locations in Angola and Zambia from which insurgent rockets were suspected to have been launched. This precipitated several artillery duels with the Zambian Army.
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His appeal to a provincial division failed; he then appealed to the Appellate Division against the sentence imposed upon him. It was submitted on behalf of the appellant # that the magistrate had misdirected himself in over-emphasizing the deterrent and retributive aspects of punishment in assessing an appropriate punishment; # that, regard being had to other sentences imposed in similar cases, the sentence in the present case was strikingly disparate; and # that the court had failed to take into account certain mitigating factors. In support of his first submission, counsel referred the Appellate Division to the recent decision in S v Khumalo,1984 (3) SA 327 (A). where, Nicholas JA, in the course of his majority judgment, said, > In the assessment of an appropriate sentence, regard must be had inter alia > to the main purposes of punishment mentioned by Davis AJA in R v Swanepoel > 1945 AD 444 at 455, namely deterrent, preventive, reformative and > retributive (see S v Whitehead 1970 (4) SA 424 (A) at 436E-F; S v Rabie 1975 > (4) SA 855 (A) at 862).
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Section 61 of that Act will abolish the sentence of custody for life when it comes into force. In any other case, a person convicted of murder must be sentenced to imprisonment for life.Murder (Abolition of Death Penalty) Act 1965, section 1(1) Since the abolition of capital punishment, murder has carried a mandatory life sentence in English law. this comprises three elements: # A minimum term, often called a "tariff", set by the judge, representing retributive justice without any prospect of parole.
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Kun and his Party of Communists colleagues fled. After the arrival of Miklós Horthy's counterrevolutionary Hungarian paramilitaries in Budapest three months later, stalwartly anti-Communist officers carried out a wave of retributive violence against Communists and their supporters (as well as suspected leftists of any stripe) known as the White Terror. As many communist leaders were ethnically Jewish, this encouraged anti-semitic lynchings in Budapest by these paramilitary forces. The Lenin Youth were also particular targets by the counter-revolutionary forces.
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Discussions of merit, desert, blame, and punishment inevitably involve questions about the fittingness and proportionality of our responses to others, and retributive theories of punishment put the norm of reciprocity at their center. The idea is to make the punishment fit the crime. This differs from utilitarian theories of punishment, which may use fittingness and proportionality as constraints, but whose ultimate commitment is to make punishment serve social goals such as general deterrence, public safety, and the rehabilitation of wrongdoers.
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Kenneth Grider (1994), The Governmental Theory: An ExpansionRichard Rohr (July 29, 2017), Salvation as At-One-Ment According to Richard Rohr, "[t]hese theories are based on retributive justice rather than the restorative justice that the prophets and Jesus taught."Richard Rohr (January 21, 2018), At-One-Ment, Not Atonement Advocates of the New Perspective on Paul also argue that many New Testament epistles of Paul the Apostle, which used to support the theory of penal substitution, should be interpreted differently.
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An unrelated structure called Dundrum Castle existed near Dundrum, County Tipperary and was the family seat of the of O’Dwyers Kilnamanagh, members of the Gaelic aristocracy. Following the invasion of Ireland by Oliver Cromwell and the ill-fated retributive capture of the Rock of Cashel by the last clan chief Philip O'Dwyer, the O'Dwyers lost their properties per the Act of Settlement 1662. Dundrum Castle was destroyed sometime afterwards. In 1730 a mansion known as Dundrum House was built on the site.
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Qisas or Qiṣāṣ () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, , pp. 370-372 "eye for an eye", or retributive justice. In traditional Islamic law (sharia), the doctrine of qisas provides for a punishment analogous to the crime. Qisas is available to the victim or victim's heirs against a convicted perpetrator of murder or intentional bodily injury.
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Unlike temporal, or human justice, which requires time to repay an evil deed and, "has its seat in the state, as requiting and punishing",World as Will and Idea Vol. 1 § 63 eternal justice "rules not the state but the world, is not dependent upon human institutions, is not subject to chance and deception, is not uncertain, wavering, and erring, but infallible, fixed, and sure." World as will and idea Vol. 1 § 63 Eternal justice is not retributive because retribution requires time.
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At the end, apart from monetary compensation, Algerian people have not obtained redress. As a consequence, a lot of families are stuck between two states of mind: remaining silent about what happened or denouncing it and taking the risk of being arrested and imprisoned. Many Algerians continue to seek the truth about the disappeared even if no retributive justice takes place. On the other hand, prosecuting is a hard task since there is not enough evidence to prove someone's responsibility.
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Von Hirsch is one of the major contributors to modern retributive theory. Distinct from Kant's "eye for an eye," Von Hirsch asserts that crimes should be punished proportionately to the seriousness of the crime committed; this having priority over the utilitarian concerns about crime prevention. For example, theft should be punished more severely than speeding because it is morally more reprehensible; this would be true even if studies proved we might save more lives by punishing speeding more severely than theft.
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Secondly, Breyer believed the only punishment rationales for the death penalty are deterrence and retributive justice. Breyer believed that the death penalty has no deterrent value.135 S. Ct. at 2767 (Breyer, J., dissenting) citing Sorensen, Wrinkle, Brewer, & Marquart, Capital Punishment and Deterrence: Examining the Effect of Executions on Murder in Texas, 45 Crime & Delinquency 481 (1999) ; Bonner & Fessenden, Absence of Executions: A Special Report, States With No Death Penalty Share Lower Homicide Rates, N. Y. Times, Sept. 22, 2000, p.
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Early Irish law discouraged capital punishment. Murder was usually punished with two types of fine: a fixed éraic and a variable Log nEnech; a murderer was only killed if he and his relatives could not pay the fine. The Senchas Már's description of the execution of the murderer of Saint Patrick's charioteer Odran has been interpreted as a failed attempt to replace restorative justice with retributive justice. After the Norman conquest of Ireland, English law provided the model for Irish law.
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The Destruction of Leviathan by Gustave Doré (1865) Job is an investigation of the problem of divine justice. This problem, known in theology as the problem of evil, can be rephrased as a question: "Why do the righteous suffer?" The conventional answer in ancient Israel was that God rewards virtue and punishes sin (the principle known as "retributive justice"). This assumes a world in which human choices and actions are morally significant, but experience demonstrates that suffering is frequently unmerited.
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One victim, Ameneh Bahrami, sentenced her attacker to be blinded in 2008. However, as of July 31, 2011, she pardoned her attacker, thereby absolving Majid Movahedi of his crime and halting the retributive justice of Qisas. In October 2014, a series of acid attacks on women occurred in the city of Isfahan, resulting in demonstrations and arrests of journalists who had covered the attacks. The attacks were thought by many Iranians to be the work of conservative Islamist vigilantes, but the Iranian government denies this.
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In terms of justice, lack of retributive justice has been a source of concern for many Kenyans. Though the commission can recommend prosecutions, there has been a long-standing culture of impunity in the country, which threatens to keep political leaders safe from prosecution. However, the commission has focused on justice in terms of recognition and distribution. The commission has sought to give victims and perpetrators equal voice in hearings, and have included hearings where children may share their stories, with guidance from counselors.
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David Eagleman explains that nature and nurture cause all criminal behavior. He likewise believes that science demands that change and improvement, rather than guilt, must become the focus of the legal justice system.David Eagleman, Philosophy Bites Podcast, "David Eagleman on Morality and the Brain" Greene and Cohen also argue that the legal system does not require this libertarian interpretation. Rather, they suggest that only retributive notions of justice, in which the goal of the legal system is to punish people for misdeeds, require the libertarian intuition.
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Right-libertarians are divided on capital punishment, also known as the death penalty. Those opposing it generally see it as an excessive abuse of state power which is by its very nature irreversible, with American libertarians possibly seeing it also in conflict with the Bill of Rights ban on "cruel and unusual punishment". Some libertarians who believe capital punishment can be just under certain circumstances may oppose execution based on practical considerations. Those who support the death penalty do so on self-defense or retributive justice grounds.
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After years of costly fighting that brought them to the verge of destruction, the Romans imposed harsh and retributive peace conditions on Carthage. In addition to a large financial indemnity, the Carthaginians were stripped of their once-proud navy and reduced only to their North African territory. In effect, Carthage became a Roman client state. The third and final Punic War began in 149 BC, largely due to the efforts of hawkish Roman senators, led by Cato the Elder, to finish Carthage off once and for all.
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In September 1670, Cruse (a sergeant at the time) was commanding a post at Saldanha Bay when he came under attack by Admiral De la Haye of the French East India Company. Cruse and his men were temporarily taken prisoner. In July 1673, Cruse was sent to aid a group of burghers who had come under attack from the tribal warlord Gonnema. The burghers had been slain long before the rescue party arrived, but Cruse had also been tasked with leading a retributive attack.
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Ellen Goldberg (2002), The Lord Who Is Half Woman: Ardhanarisvara in Indian and Feminist Perspective, State University of New York Press, , pp. 133–153 She is the voice of encouragement, reason, freedom, and strength, as well as of resistance, power, action and retributive justice. This paradox symbolizes her willingness to realign to Pratima (reality) and adapt to needs of circumstances in her role as the universal mother. She identifies and destroys evil to protect (Mahakali), as well as creates food and abundance to nourish (Annapurna).
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This is because, generally, increased punishment for subsequent offences based on previous offending is contrary to retributive principles of punishment and is more closely aligned with utilitarian theories of punishment. Further, in practice (and in contrast to the United States Sentencing Guideline grid, which governs sentencing practice and policy in the federal system) previous convictions, whether spent or unspent (and there is a ten-year time limit for consideration of adult convictions), do not lead to a linear increase in sentencing in England and Wales.
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The Urdu term muhājir () comes from the Arabic muhājir (), meaning an "immigrant", and the term is associated in early Islamic history to the migration of Muslims. After the independence of Pakistan, a significant number of Muslims emigrated or were out-migrated from territory that remained India. In the aftermath of partition, a huge population exchange occurred between the two newly formed states. In the riots which preceded the partition in the Punjab region, between 200,000 and 2,000,000 people were killed in the retributive genocide.
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Robert Wilson McClaughry (July 22, 1839 – November 9, 1920) was an early leader in modern penal reform and the warden of several major penitentiaries including the United States Penitentiary at Leavenworth, Kansas. He was one of the early advocates of remedial instead of purely retributive treatment, and was closely associated with noted prison reformers such as Z. R. Brockway, of New York; General Brinkerhoff, of Ohio, and the two Dr. Wines, of Illinois. He was also General Superintendent of the Chicago Police Department from 1891—1893.
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Research by the Overseas Development Institute identifies a rapid movement of labor from slower- to faster-growing parts of the economy. Migrants can often find themselves excluded by urban housing policies, and migrant support initiatives are needed to give workers improved access to market information, certification of identity, housing and education. In the riots which preceded the partition in the Punjab region, between 200,000 and 500,000 people were killed in the retributive genocide. U.N.H.C.R. estimates 14 million Hindus, Sikhs and Muslims were displaced during the partition.
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Under Book 1, Article 1 of the Penal Code retributive penalties can apply under the Sharia law. The United Arab Emirates courts follow the Maliki School of Sunni Islam for the use of authority and interpretation from other schools to pronounce the sentences for murder cases. Islamic law defines any sane person who intentionally kills another with a weapon, is a sinner deserving perdition according to the Quran and the murderer is subject to retaliation. (11) Aggravated Murder, in the case of "deliberate design" or premeditated purpose is also punishable by death.
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But her growing concern for the perils of global warming led her to leave the university in 2013 to devote all her time to writing and speaking about the moral urgency of climate action. Moore's first books were academic. Pardons: Justice, Mercy, and the Public Interest began with her dissertation work and continued through a sabbatical leave spent in the Harvard Law Library. From a framework of retributive justice, she asks what justifies the pardoning power, what determines who should be pardoned, and what constitutes an unforgivable crime.
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This division, as well as increasing activism around the subject, slowly increased the desire of Cambodians to learn their past and to know the truths behind the Khmer. The E.C.C.C tribunals were not expected to completely fulfill these wishes, but they would certainly assist victims seeking out justice. Cambodian scholars say reconciliation will begin only when “willing to offer forgiveness” is asserted at the “national and community level”. In order for Cambodia to proceed with any meaningful justice (whether restorative or retributive) it must also achieve what is called a “human rights protective culture”.
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They grab his money from the shack and try to escape only to become trapped in quicksand; the brothers scream for help and futilely struggle to free themselves, and right before they meet their own retributive doom, they hear Clay "laughin' in a voice as loud as thunder". The final stanza of the second verse closes the story, saying that even though the myth is fifty years old (as of 1980), if you go by the shack on certain moonlit nights, you can hear three young men screaming and one old man laugh.
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Brown v. Socialist Workers '74 Campaign Committee, 459 U.S. 87 (1982), was a United States Supreme Court case that dealt with political speech, and whether a state could require a minor political party to disclosure its membership, expenditures, and contributors. At the time, most states required political parties to disclose their contributions and expenditures; in 1982, the Court ruled that the Socialist Workers Party, a minor party in Ohio, was not required to disclose its contributors or recipients, on the basis of retributive animus and harassment if party functionaries did so.
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"Salvadoran women's political poetry moves not from language to idea to action...but rather from action and ideas to language." DeShazer claims that "poetry is no luxury but instead provides essential, rigorous witness: to a consistently underreported war against the salvadoran people by the US and Salvadoran governments". Mary DeShazer claims that "Exiled poet Liliam Jimenez's bitter address to Salvadoran soldiers offers a searing indictment of fifty years of military atrocities and employs apocalyptic revenge motifs, fantasies of retributive violence." Women in El Salvador began to collectively stand together to describe their suffering.
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Other government officials apparently concurred, and failed to press the prosecutions. Early in the American Civil War, Underwood affirmed the right of the United States government to confiscate wartime enemy property under the Confiscation Act of 1862. His strong views on confiscation policy (what some called "retributive justice") put him at odds with the Supreme Court by 1869, and generated intense controversy in Virginia.Daniel W. Hamilton, "A New Right to Property: Civil War Confiscation in the Reconstruction Supreme Court," Journal of Supreme Court History, Vol. 29, No. 3 (2004), pp. 270-274.
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The Muslim League had also proposed the hostage population theory. According to this theory the safety of India's Muslim minority would be ensured by turning the Hindu minority in the proposed Pakistan into a 'hostage' population who would be visited by retributive violence if Muslims in India were harmed. The Pakistani demand resulted in the Muslim League becoming pitted against both the Congress and the British. In the Constituent Assembly elections of 1946, the Muslim League won 425 out of 496 seats reserved for Muslims, polling 89.2% of the total votes.
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Ofo and ogu is a law of retributive justice. It vindicates anyone that is wrongly accused of a crime as long as their "hands are clean". It is only a person who is on the righteous side of Ogu-na-Ofo that can call its name in prayer, otherwise such a person will face the wrath of Amadioha (the god of thunder and lightning). Kola nut is used in ceremonies honour Chukwu, chi, Arushi and ancestors and is used as a method of professing innocence when coupled with libations.
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Saru Kani Gassen Emaki, a rare emakimono of this folktale in the Edo period The Crab and the Monkey, also known as or The Quarrel of the Monkey and the Crab, is a Japanese folktale. In the story, a sly monkey kills a crab, and is later killed in revenge by the crab's offspring. Retributive justice is the main theme of the story. Rev. David Thomson's translation, The Battle of the Monkey and the Crab, was published as the third volume of Hasegawa Takejirō's Japanese Fairy Tale Series in 1885.
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Tasioulas works in moral, legal and political philosophy. He has advanced a version of the communicative theory of punishment, according to which the overarching point of punishment is the communication of censure to wrong- doers. His version of the theory is distinctive in making room for the value of mercy alongside that of retributive justice. In the philosophy of human rights, Tasioulas has argued for an orthodox understanding of such rights, according to which they are moral rights possessed by all human beings simply in virtue of their humanity.
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Wujie Khan did not follow Emperor Wuzong's orders, and Huigu remnants under him pillaged Tang's northern territory in earnest. He also made another request to borrow the border city of Tiande (天德, in modern Bayan Nur, Inner Mongolia), which Emperor Wuzong rejected. Emperor Wuzong further wrote a rebuking letter to Wujie Khan and warning of consequences, again ordering him to have Princess Taihe personally report and make requests. Emperor Wuzong also mobilized the forces of the circuits on the northern border, preparing a major retributive campaign against Wujie Khan.
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The French had provided the Hutu-dominated Habyarimana government with extensive military, and diplomatic support, including a military intervention to save the government during an offensive by the rebel Tutsi-led Rwandan Patriotic Front (RPF) in 1990. Immediately after the genocide began, the RPF began another offensive to overthrow the genocidal government and steadily gained ground. By late June, the RPF controlled much of the country and was nearing a complete victory. RPF units carried out retributive attacks within areas they controlled, but they were not of the scale and organization as those carried out in the genocide.
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Rather than a civil war by the Irish against a supposedly alien landlord class, the violence was understood as retributive justice for violations of traditional landholding and land-use practices. The rural poor could be targets if they broke their oaths to the society or otherwise failed to act in solidarity with the unwritten law. Punishments ranged from digging up new pasture land in an effort to free it up for potato cultivation, tearing down fences on newly-enclosed areas, mutilating or killing livestock, to threats and attacks on landlords' agents and merchants judged to charge exorbitant prices. Murders occurred, but were rare.
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It was decided that justice would be sought through retributive trials. In 2001, the Cambodian National Assembly passed a law on the establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. These hybrid tribunals enacted jointly by the Cambodian government and the United Nations were not expected to be a final solution, but they were a departure point. This move towards justice acknowledged both the surviving and lost Cambodian victims, and proved that the past would not forgotten, or diminished. Rather, the past was to be addressed “slowly and unevenly”.
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According to a survey of the former and present presidents of the country's top academic criminological societies, 88% of these experts rejected the notion that the death penalty acts as a deterrent to murder. Data shows that the application of the death penalty is strongly influenced by racial bias. Furthermore, some opponents argue that it is applied in an arbitrary manner by a criminal justice system that has been shown to be biased through the systemic influence of socio- economic, geographic, and gender factors.Londono, O. (2013), "A Retributive Critique of Racial Bias and Arbitrariness in Capital Punishment".
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Sandór Radó with whom she had worked so closely in the hills above Geneva also spent long years as a guest of the Russian Gulag. Richard Sorge, who probably recruited her to work for Moscow in the first place, was caught and hanged by the Japanese. As far as her story has come into the public domain, Werner suffered nothing more harrowing than a couple of pointed but ultimately inconclusive meetings with British Intelligence agents in 1947. She was able to escape to East Germany before her espionage activities became the subject of any trial or other retributive process.
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The Melbourne gangland killings were the murders of 36 criminal underworld figures in Melbourne between January 1998 and August 2010. The murders were in a series of retributive killings involving various underworld groups. The deaths caused a sustained power vacuum within Melbourne's criminal community, as various factions fought for control and influence. Many of the murders remain unsolved, although detectives from the Purana Taskforce believe that Carl Williams was responsible for at least 10 of them. The period culminated in the arrest of Williams, who pleaded guilty on 28 February 2007 to three of the murders.
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Retributive justice, meaning retaliatory force, is often a component of the contracts imagined for an anarcho-capitalist society. Some believe prisons or indentured servitude would be justifiable institutions to deal with those who violate anarcho-capitalist property relations while others believe exile or forced restitution are sufficient. Bruce L. Benson argues that legal codes may impose punitive damages for intentional torts in the interest of deterring crime. For instance, a thief who breaks into a house by picking a lock and is caught before taking anything would still owe the victim for violating the sanctity of his property rights.
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Like the Shi'a but unlike the Sunni, Ibadis allow a man to be executed as qiṣāṣ (retributive justice) for the murder of a woman, so long as the victim's family pays the man's family half of the diya that would have been incumbent had they murdered the man. Also like the Shi'a but not the Sunni, they do not allow a couple who has committed zināʾ (unlawful sex) to marry each other. During the Ramadan fast, Ibadis require ghusl or full-body ablution every morning. They hold that committing grave sins is a form of breaking the fast.
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Also that year, he was forced to leave a class after a disciplinary hearing board found that he had acted overly aggressively towards the teacher. In late 1990, Ferguson transferred to Adelphi University in Garden City, where he majored in business administration. He spoke out against coexistence with whites, routinely made calls for retributive revolution, and regularly accused others around him of racism. On one occasion, he complained that a white woman in the library shouted racial epithets at him after he asked her about a class assignment, but an investigation concluded that the incident never occurred.
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Media at the time were divided as the "Colony has to deplore the loss of one of its brightest ornaments". Some championed the revenge: > The barbarous murders of Mr. Franks and his shepherd, have been, in some > degree, revenged, which, we trust, will be a warning to the natives, not in > future to commit wanton excesses upon our countrymen. While some were critical of the lawless nature of the killing. The Tasmanian Colonial Times newspaper editorializing: > This will not end here - a tribe swept off from the face of the earth so > illegally - so diabolically - will require retributive justice.
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After the Civil War and really gaining momentum during the Progressive Era of America, new concepts of the prison system, such as parole, indeterminate sentencing, and probation, were introduced. These soon became mainstream practices in America. At this time there was an increase in crime causing officials to handle crime in a more retributive way. But, as the crime rate declined, they started to focus more on rehabilitation. Researcher Valerie Jenness writes, “Since the 1970s, the final wave of expansion of the prison system, there has been a huge expansion of prisons that exist at the federal and state level.
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They permitted the husband a lot of leeway in the severity of the beating. While Hanafi scholars admonish husbands to treat their wives with kindness and equity, they do not recognize the principle of qisas (retributive punishment) for injuries sustained in marriage, unless they cause death, permitting the husband to hit his wife without any liability, even if that causes wounds or broken bones, provided he does not kill her. Within this framework the Hanafis emphasised the need of following the sequence of admonishment, abandonment and hitting. Al-Kasani added that the admonishment contains two steps: gentle admonishment and then harsh admonishment.
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Then he took the barrel of his rifle, concealed it between his arm and body, and slipped back into the line. He worked his way to the front of the line, and while Bell was writing on the tax roll, he took the rifle, raised it high and smashed it into his skull with such force that Bell's head virtually exploded.Keesing and Corris, 135–138. His death became the first of the Malaita massacre, which ultimately took the lives of nearly 100 people, in both the attack and a retributive raid, and had serious consequences for Kwaio society.
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S v Shilubane,2008 (1) SACR 295 (T). an important case in South African criminal law, was heard and decided in the Transvaal Provincial Division by Shongwe J and Bosielo J on June 20, 2005. The case is significant primarily for its treatment of questions of punishment, advocating the consideration of restorative justice as an alternative to direct imprisonment, urging that presiding officers be innovative and proactive in opting for such alternatives, and recommending that these alternatives be humane and balanced. Retributive justice, the court found, had failed and was failing to stem the wave of crime in South Africa.
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Decree on Purgatory (1563) It thus forbade presentation as Church teaching of the elaborate medieval speculation that had grown up around the concept of purgatory. Anglican apologist C. S. Lewis gave as an example of this speculation, which he interpreted as what the Church of England's Thirty- Nine Articles, XXII meant by "the Romish doctrine concerning Purgatory", the depiction of the state of purgatory as just a temporary hell with horrible devils tormenting souls. The etymology of the word "purgatory", he remarked, indicates cleansing, not simply retributive punishment. Lewis declared his personal belief in purgatory, a process of after-death purification.
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Post the re-enactment of CrPC 1973, there was ambiguity in the jurisprudential understanding of ‘special reasons’ for imposing the death sentence. The Supreme Court in Rajendra Prasad v. State of U.P, February 1979 dealt with the legal policy on sentencing discretion and also comprehensively discussed the meaning of ‘special reasons’ for inflicting death sentence on exceptional grounds. The Court departed from retributive theory and emphasized on the deterrence and reformative theory as the social goals. Furthermore, the Court held that the ‘special reasons’ required to impose the capital punishment must not relate to the crime, but focus must be on the criminal.
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He also made another request to borrow the border city of Tiande (天德, in modern Bayan Nur, Inner Mongolia), which Emperor Wuzong rejected. Emperor Wuzong further wrote a rebuking letter to qaghan and warning of consequences, again ordering him to have Princess Taihe personally report and make requests. Emperor Wuzong also mobilized the forces of the circuits on the northern border, preparing a major retributive campaign against Uighurs. In winter 842, he also had the chancellor Li Deyu write a letter in his own name, addressed to Princess Taihe, sending it to the Uyghurs remnants along with winter clothes as a gift for Princess Taihe.
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He said that the "hasty and ill-informed decision" could have endangered lives and violated federal and state laws. It was later suggested that the lanes had been closed intentionally to cause the massive traffic problem for political reasons, and especially theorized that they were a retributive attack against Fort Lee's Mayor Mark Sokolich, a Democrat who had not supported Christie as a candidate in the 2013 New Jersey gubernatorial election. The ensuing investigations centered on several of Christie's appointees and staff, including David Wildstein, who ordered the lanes closed, and Bill Baroni, who had told the New Jersey Assembly Transportation Committee that the closures were for a traffic study.
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See Consideraciones sobre la dogmática jurídica, México, 1974; and Algunos modelos metodológicos de "ciencia" jurídica, Valencia, 1980. This signaled the beginning of his philosophical investigations, which were always oriented to practical issues, and marked by a distinctively analytical approach. His need to provide a liberal justification for criminal law practice thus lead him to moral philosophy, and to the development of an original "consensual" theory of punishment which combined the merits of the retributive and utilitarian (see deterrence) varieties while avoiding their respective difficulties.See Towards a General Strategy for Criminal Law Adjudication, unpublished Ph.D. thesis 1977; revised Spanish translation, Los límites de la responsabilidad penal, Buenos Aires, 1980.
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Within the scope of transitional justice, truth commissions tend to lean towards restorative rather than retributive justice models. This means they often favour efforts to reconcile divided societies in the wake of conflict, or to reconcile societies with their own troubled pasts, over attempts to hold those accused of human rights violations accountable. Less commonly, truth commissions advocate forms of reparative justice, efforts to repair past damage and help victims of conflict or human rights violations to heal. This can take the form of reparations to victims, whether financial or otherwise; official apologies; commemorations or monuments to past human rights violations, or other forms.
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But since there may also be unenlightened devas, there also may be godlike beings who engage in retributive acts, but if they do so, then they do so out of their own ignorance of a greater truth. Despite this nontheism, Buddhism nevertheless fully accepts the theory of karma, which posts punishment-like effects, such as rebirths in realms of torment, as an invariable consequence of wrongful actions. Unlike in most Abrahamic monotheistic religions, these effects are not eternal, though they can last for a very long time. Even theistic religions do not necessarily see such effects as "punishment" imposed by a higher authority, rather than natural consequences of wrongful action.
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Physical suffering and humiliation were considered appropriate retributive justice for the crimes they had committed. These executions were sometimes staged or ritualized as re-enactments of myths, and amphitheatres were equipped with elaborate stage machinery to create special effects.Suetonius, Nero 12.2Edmondson, p. 73. Tertullian considered deaths in the arena to be nothing more than a dressed-up form of human sacrifice.Tertullian, De spectaculis 12Edwards, pp. 59–60Potter (1999), p. 224. Modern scholars have found the pleasure Romans took in the "theatre of life and death"McDonald, Marianne and Walton, J. Michael (2007) Introduction to The Cambridge Companion to Greek and Roman Theatre. Cambridge University Press. p. 8.
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The identity of lof was reinforced by the accomplishment of diverse community and festive activities. Lof habitually shared a unique rehue, or Machi's altar, in which the more significant religious ceremonies were performed. The vitality of the clan shone in the accomplishment of lof kudau, a type of retributive communitarian work, followed by a celebration with a feast and drinking, similar to the mingaco of the Quechua. Lof kudau consisted usually of harvests, and other work that demanded large amounts of manpower, mainly in the fields of rich and prestigious personages of the lof: the ulmenes and loncos, who could afford to provide enough food and drink to those who worked.
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For those who have did not have a 'decisive participation' in the commission of the serious acts, the punishment would be between two and five years. The restorative sanctions would be involve participation in projects, carried out in rural and urban areas, including: construction of infrastructure, environmental conservation, effective reparation for displaced peasants, substitution of illicit crops, rural and urban development, rural electrification, mine clearance and so forth. Alternative sanctions would be imposed to those who acknowledge responsibility later, before the first instance of the tribunal. They would serve an essentially retributive function and involve a deprivation of freedom - including prison - of five to eight years (two to five years for those who did not have a 'decisive participation').
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In Viljoen JA's view, the magistrate had not overemphasised the retributive aspect. Viljoen JA also believed that the magistrate had correctly applied the deterrent aims, as far as the appellant himself as well as others were concerned. Considering that his previous sentences had had no deterrent effect upon him, as was illustrated by the commission of the present offence on March 26, 1979, barely a month after a portion of each of his sentences imposed on February 20, 1979,Crimen injuria, assault on a white male and a police officer, and malicious injury to property. was suspended for three years on various conditions, the magistrate had not erred as far as deterrence of himself was concerned.
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On 2 October 1944 he had ordered a raid on the village of Putten in Gelderland, the Netherlands, in retaliation, after one of his officers, a Leutnant Sommers, was killed there by the Dutch resistance. When he heard about the actions of the resistance near Putten, Christiansen is reported to have said, "Das ganze Nest muss angesteckt werden und die ganze Bande an die Wand gestellt!" ("Put them all against the wall and burn the place down!") In compliance with this retributive sentiment, several members of the civilian population were shot, the village was burned, and 661 of the males of the town were deported to labor camps, the vast majority of whom never returned.
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A refugee special train at Ambala Station during the partition of India The partition of British India split the former British province of Punjab between the Dominion of India and the Dominion of Pakistan. The mostly Muslim western part of the province became Pakistan's Punjab province; the mostly Hindu and Sikh eastern part became India's East Punjab state (later divided into the new states of Punjab, Haryana and Himachal Pradesh). Many Hindus and Sikhs lived in the west, and many Muslims lived in the east, and the fears of all such minorities were so great that the Partition saw many people displaced and much inter-communal violence. Some have described the violence in Punjab as a retributive genocide.
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The Archambault Report was an influential study of the penitentiary system in Canada, published in 1938. The report, the full title of which was the Royal Commission Report on Penal Reform in Canada, was the product of four years of study by the Royal Commission, chaired by Justice Joseph Archambault. It is widely recognized as Canada's pre-eminent document on prison reform in that it changed the focus in Canadian prisons from retributive justice to rehabilitation. The report presented the findings of the Royal Commission to Investigate the Penal System of Canada (the Archambault Commission) which had been formed in response to a series of riots and strikes in Canadian prisons in the 1930s.
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Pinochet, one-time military leader of Chile sought to evade retributive prosecution in his native jurisdiction by seeking refuge in the United Kingdom. He was later prosecuted by the Spanish court of Baltasar Garzón according to the principle of universal jurisdiction. To counteract this phenomenon, most countries have signed bilateral extradition treaties with most other countries, and some governments adopted the principle of universal jurisdiction, which has enabled individuals to be prosecuted for offences (particularly alleged human rights violations and war crimes) committed outside the jurisdiction of prosecution - the legal structure of nations such as Belgium and Spain allow for this, as does that of international tribunals operating under the aegis of the United Nations.
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She suggests that the murder weapon—perhaps the strongest evidence against him—could have been planted by authorities. Bernstein states that Washington's lynching was a unique event because of its scale and location; not only did it occur in a larger city with a reputation for progressiveness, but it was attended by 10,000 spectators who were excited by the brutal torture. Similar acts of mob violence typically occurred in smaller towns with fewer spectators. William Carrigan of Rowan University argues that the culture of central Texas had glorified retributive mob violence for decades before Washington's lynching, maintaining that this culture of violence explains how such a brutal attack could be publicly celebrated.
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Stephen Hobhouse, Selected Mystical Writings of William Law, 1949, p. xiv. In the Atonement passages Law asserted the function of Christ as our great example of a good life and the only method of overcoming evil, not by anger or force and punishment, but by love, patience and spiritual not physical resistance.Stephen Hobhouse, Selected Mystical Writings of William Law, 1949, p. 298. For to Law and to Boehme “Atonement’ was first and foremost “at-one- ment”, the rebirth of a new sinless life in the soul and its reunion with God. This concept, so Hobhouse wrote, will seem unsatisfactory to those people who believe in “guilt, righteous anger, retributive punishment, compensatory justice and sacrificial death.
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Belief in individual causality is related to the principle of original causality. Individual causality is divine providence acting to realize the original causality of the human race, which through the use of suffering guides individuals to realize their causality and leads them to a change of heart and active cooperation towards the establishment of the Joyous Life, the world that was ordained at the beginning of time.Kisala, p.77-8. Tenrikyo's doctrine explains that an individual's suffering should not be perceived as punishment or retributive justice from divine providence for past misdeeds, but rather as a sign of encouragement from divine providence for the individual to reflect on the past and to undergo a change of heart.
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Other aspects of procedural justice can also be found in social psychology and sociology issues and organizational psychology. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights or resources), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decision is made is one step which would be considered appropriate to be taken in order that a process may then be characterised as procedurally fair. Some theories of procedural justice hold that fair procedure leads to equitable outcomes, even if the requirements of distributive or restorative justice are not met.
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Belief in individual causality is related to the principle of original causality. Individual causality is divine providence acting to realize the original causality of the human race, which through the use of suffering guides individuals to realize their causality and leads them to a change of heart and active cooperation towards the establishment of the Joyous Life, the world that was ordained at the beginning of time.Kisala, p.77-8. Tenrikyo's doctrine explains that an individual's suffering should not be perceived as punishment or retributive justice from divine providence for past misdeeds, but rather as a sign of encouragement from divine providence for the individual to reflect on the past and to undergo a change of heart.
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Most of the prisoners were hanged within direct view of the well at the Bibighar and buried in shallow ditches by the roadside. Others were shot or bayonetted, while some were also tied across cannons that were then fired, an execution method initially used by the rebels, and the earlier Indian powers, such as the Marathas and the Mughals. It is unclear whether this method of execution was reserved for special prisoners, or whether it was merely done in the retributive spirit of the moment. The massacre disgusted and embittered the British troops in India, with "Remember Cawnpore!" becoming a war cry for the British soldiers for the rest of the conflict.
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Therefore, the decision a potential infractor would now face would be: G\cdot (1 - p) - (C+D+E+R) \cdot p But this still won't deter all people. The equation would be positive if G is high enough or, more importantly, if p is low. That is, if it is very unlikely that you will be caught, you may very well choose to do it even if you have to face the new cost R. Therefore, retributive justice theories allow some failures of deterrence. On the other hand, deterrence theories ("the penalty for a crime should be the minimal one necessary to deter commission of it") don't give enough guidance on how much deterrence should we aim at.
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People who commit suicides are not buried in the ground or given burial rites but cast away in order not to further offend and pollute the land, their ability to become ancestors is therefore nullified. When an individual dies a 'bad death' in the society, such as from the effects of divine retributive justice or breaking a taboo, they are not buried in the earth, but are discarded in a forest so as not to offend Ala. As in cases of most alusi, Ala has the ability to be malevolent if perceived to be offended and can cause harm against those who offend her. The royal python is revered as an agent of Ala.
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Voices has been described as a depiction of how culture may persist despite authoritarian attempts to end it, and as such to make a "plea for cultural relativity". The idea of cultural openness is illustrated by the character of Tirio Actamo: once a well-known citizen of Ansul who was taken to be the concubine of the Gand, she then wins his love and uses her position to bring about an end to the conflict. Scholar Marek Oziewicz identified the story as critiquing the notion of retributive justice, considered the norm in Western societies, and instead supporting the idea of restorative justice. The protagonists of Voices succeed in "making things right" without punitive action.
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Critics of the participatory justice model cite its purpose to often humiliate a particular party. Inkiko- Gacaca, a system of community courts established in 2002 to respond to the large number of suspected perpetrators imprisoned after the 1994 Rwandan genocide, is a famous example.“The legacies of collective violence: the Rwandan genocide and the limits of the law,” Boston Review, 27(2) Meant to achieve lasting peace through the promotion of restorative justice, Gacaca, according to several authors, has only become more retributive and coercive.“Helena Cobban Replies”, Boston Review, 27(3-4), online Through the process, Tutsi genocide survivors allegedly impose guilt on the Hutu, asking them to confess their deeds, express apologies to all victims and kin, and repay them tangibly, through public shaming.
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Gao, realizing that he was looking at a potential major epidemic if the people were all confined to the city of Chengdu, ordered, even before he could reach Chengdu, that the city gates be opened and the people allowed to exit, and it was said that the people were initially very pleased by his arrival. Upon arrival in spring 875, Gao launched a minor retributive strike against Dali, and then built a number of key forts on the border with Dali. It was said that because of his defensive buildup, Dali did not further make attacks against Xichuan, although Gao's petition to launch a major attack against Dali was rejected by Emperor Xizong. However, Gao soon precipitated a mutiny against him.
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As the United Kingdom agreed to the partitioning of India in 1947, the modern state of Pakistan was established on 14 August 1947 , amalgamating the Muslim-majority eastern and northwestern regions of British India. It comprised the provinces of Balochistan, East Bengal, the North-West Frontier Province, West Punjab, and Sindh. In the riots that accompanied the partition in Punjab Province, it is believed that between 200,000 and 2,000,000 people were killed in what some have described as a retributive genocide between the religions while 50,000 Muslim women were abducted and raped by Hindu and Sikh men and 33,000 Hindu and Sikh women also experienced the same fate at the hands of Muslims.Perspectives on Modern South Asia: A Reader in Culture, History, and ... – Kamala Visweswara.
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The Malaita massacre inflicted a large number of deaths on the island of Malaita in the Solomon Islands in late 1927. William R. Bell, the District Officer of Malaita in the British Solomon Islands Protectorate, and many of his deputies were killed by Basiana and other Kwaio warriors as part of a plan to resist the head tax imposed by the colonial authorities and what was perceived as an assault on the traditional values. A retributive raid was organised that ultimately resulted in the death of about 60 Kwaio, in addition to nearly 200 incarcerated and a systematic destruction and desecration of important Kwaio ancestral shrines and ritual objects. The event was of extreme significance for the Kwaio people, and has greatly affected their way of life.
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In chapter 4 Nozick discusses two theories of punishment: the deterrence and the retributive ones. To compare them, we have to take into account what is the decision that a potential infractor is facing. His decision may be determined by: G \cdot (1-p)-(C+D+E) \cdot p Where G are the gains from violating the victim's rights, p is the probability of getting caught and (C + D + E) are the costs that the infractor would face if caught. Specifically, C is full compensation to the victim, D are all the emotional costs that the infractor would face if caught (by being apprehended, placed on trial and so on) and E are the financial costs of the processes of apprehension and trial.
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He retains his piety throughout the story (contradicting Satan's suspicion that his righteousness is due to the expectation of reward), but makes clear from his first speech that he agrees with his friends that God should and does reward righteousness. Elihu rejects the arguments of both parties: Job is wrong to accuse God of injustice, as God is greater than human beings, and nor are the friends correct; for suffering, far from being a punishment, may "rescue the afflicted from their affliction" and make them more amenable to revelation – literally, "open their ears" (36:15). Chapter 28, the Hymn to Wisdom, introduces another theme, divine wisdom. The hymn does not place any emphasis on retributive justice, stressing instead the inaccessibility of wisdom.
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In Christianity, Hell has traditionally been regarded as a place of punishment for wrongdoing or sin in the mortal life, as a manifestation of divine justice. Nonetheless, the extreme severity and/or infinite duration of the punishment might be seen as incompatible with justice. However, Hell is not seen as strictly a matter of retributive justice even by the more traditionalist churches. For example, the Eastern Orthodox see it as a condition brought about by, and the natural consequence of, free rejection of God's love. The Roman Catholic Church teaches that Hell is a place of punishmentCatechism of the Catholic Church, 1035, Libreria Editrice Vaticana, , 1994 – the revised version issued 1997 has no changes in this section brought about by a person's self-exclusion from communion with God.
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Chicago: University of Chicago Press, 2004. This shift in ideology saw juveniles as a source of rights; and from that point on, the once virulent dividing line between juvenile and adult penology faded. The intellectual groundwork underlying Gault helped catalyze an insurgence of retributive principles, which influenced the penological debate in the Netherlands. Principles of proportionality permeated into the system as policies which previously advocated the rehabilitation of juvenile delinquents grew to disfavour.Junger-Tas, J. (2004) Youth Justice in the Netherlands, p. 318\. Chicago: University of Chicago Press, 2004. These principles theorised that because juveniles possess free will, they should therefore be responsible for the choices that they make in life. Accordingly, concerns over the reintegration of offenders into society should be subordinate to ensuring that offenders receive their "just deserts".
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Given that persons typically have a right not to be punished, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment have focused instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. In his 2017 book, Rights Forfeiture and Punishment, Wellman argues that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. According to Wellman, only a rights-based analysis will suffice, because the justification for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights.
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Jacobs gave no justification because there was none in the version he had heard as a child and maintained that children know that robbery and murder are wrong without being told in a fairy tale, but did give a subtle retributive tone to it by making reference to the giant's previous meals of stolen oxen and young children.Joseph Jacobs, Notes to "Jack and the Bensalk", English Fairy Tales. Many modern interpretations have followed Tabart and made the giant a villain, terrorizing smaller folk and stealing from them, so that Jack becomes a legitimate protagonist. For example, the 1952 film starring Abbott and Costello the giant is blamed for poverty at the foot of the beanstalk, as he has been stealing food and wealth and the hen that lays golden eggs originally belonged to Jack's family.
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Contemporaries who encountered her during the course of the Noel Field investigations recall interrogation sessions lasting many hours, conducted without signs of any significant emotional engagement. Following the 1956 Party Congress in Moscow, at which Comrade Kruschev's so- called "secret" speech greatly alarmed the Stalinist traditionalists who controlled East Germany, Herta Geffke and her (party commission) were responsible for a large number of party resolutions and retributive actions that some forty years later (after the changes of 1989/90) would trigger judicial rehabilitation decisions. In October 1958, the year of her sixty- fifth birthday, she was removed from the ZPKK and took on the top job in the personnel department ("Kaderabteilung") at the party central committee's (Institute for Social Sciences). She held this post till her retirement in June 1962.
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This principle is founded mainly on the two following. # All holiness consists in the elective preference of the greater above the smaller, and all sin consists in the elective preference of the smaller above the greater, good of sentient beings. # All the moral attributes of God are comprehended in general benevolence, that is essentially the same with general justice, and includes simple, complacential, and composite benevolence; legislative, retributive, and public justice. # The atonement of Christ consists not in his enduring the punishment threatened by the law (see the satisfaction view of the atonement), nor in his performing the duties required by the law, but in his manifesting and honoring by his pains, and especially by his death, all the divine attributes which would have been manifested in the same and no higher degree by the punishment of the redeemed.
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As quoted in Washington Post reporter Thomas Edsall said in 1995 that she was cited as an example of liberal bias in public broadcasting due to her reporting on two controversial Supreme Court nominations. In 1995, responding to conservative Senator Jesse Helms (R-N.C.), who characterized AIDS as a "disease transmitted by people deliberately engaging in unnatural acts" in his effort to cut government spending to combat it, Totenberg said: "I think he ought to be worried about what's going on in the good Lord's mind, because if there's retributive justice, he'll get AIDS from a transfusion or one of his grandchildren will."Senator Jesse Helms: Cut AIDS Funding On the same show, conservative columnists Charles Krauthammer and Tony Snow also criticized Helms, with Krauthammer calling Helms's remarks "bigoted and cruel" and Snow accusing him of "hypocrisy".
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A mirror punishment is a penal form of poetic justice which reflects the nature or means of the crime in the means of (often physical) punishment as a form of retributive justice—the practice of "repaying" a wrongdoer "in kind". 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. For example, thieves have the same amount of money taken from them as they stole, one who strikes another is struck in the same way, one who willfully causes another person's death is killed, and so on.
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With Artie Felson, he shouted his disgust at the "creepy" policy from the back of the room and arranged an impromptu meeting of the National Association of People With AIDS, where they decided to pay visit to Heckler at her office in Bethesda, Maryland. They spoke with Shelley Lengel, a spokesperson for the new National AIDS Helpline, however Lengel did not call them back with further information about the policy. In January 1984, when Dan White, the assassin of gay San Francisco Supervisor Harvey Milk and Mayor George Moscone, was due to be paroled, Campbell and Hilliard stood outside Soledad State Prison. As White had been transported to Los Angeles for fear of retributive attacks, attendant media had little to cover beyond Campbell with a sign reading "Dan White's homophobia is more deadly than AIDS," bringing further national attention to the health crisis.
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Nonetheless, Ezekiel shared many ideas in common with the Deuteronomists, notably the notion that God works according to the principle of retributive justice and an ambivalence towards kingship (although the Deuteronomists reserved their scorn for individual kings rather than for the office itself). As a priest, Ezekiel praises the Zadokites over the Levites (lower level temple functionaries), whom he largely blames for the destruction and exile. He is clearly connected with the Holiness Code and its vision of a future dependent on keeping the Laws of God and maintaining ritual purity. Notably, Ezekiel blames the Babylonian exile not on the people's failure to keep the Law, but on their worship of gods other than Yahweh and their injustice: these, says Ezekiel in chapters 8–11, are the reasons God's Shekhinah left his city and his people.
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People who oppose capital punishment have argued that the arbitrariness present in its administration make the practice both immoral and unjust. In particular, they point to the systemic presence of racial, socio-economic, geographic, and gender bias in its implementation as evidence of how the practice is illegitimate and in need of suspension or abolition.Londono, O. (2013), A Retributive Critique of Racial Bias and Arbitrariness in Capital Punishment. Journal of Social Philosophy, 44: 95–105. doi: 10.1111/josp.12013 Anti-death penalty groups specifically argue that the death penalty is unfairly applied to African Americans. African Americans have constituted 34.5 percent of those persons executed since the death penalty's reinstatement in 1976 and 41 percent of death row inmates as of April 2018, despite representing only 13 percent of the general population in 2010. However 52.5% of all people convicted for homicide between 1980 and 2008 were African Americans.
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Colombian leader says world must recognize Israel as state of Jewish people, World Jewish Congress, 17 October 2012. In September 2016, Santos announced that an agreement had been made completely settling the dispute between the Colombian government and FARC on the basis of a truth and reconciliation-like process, in which a combination of complete admissions of guilt and community service on the part of perpetrators of misdeeds during the years of conflict would serve in place of retributive justice.BBC News, Colombian President: 'Last armed conflict in western hemisphere', 26 September 2016 The 52-year Colombian war has cost the country 152 billion (USD), according to conflict monitoring NGO Indepaz. Within the last five years the daily cost of the war has escalated to USD9.3 million per day – enough to feed 3 million people in Colombia and wipe out extreme poverty in that country.
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Political scientist Ishtiaq Ahmed says that although Muslims started the violence in Punjab, by the end of 1947 more Muslims had been killed by Hindus and Sikhs in East Punjab than the number of Hindus and Sikhs who had been killed by Muslims in West Punjab. Nehru wrote to Gandhi on 22 August that up to then, twice as many Muslims had been killed in East Punjab than Hindus and Sikhs in West Punjab. More than ten million people migrated across the new borders and between 200,000–2,000,000 people died in the spate of communal violence in the Punjab in what some scholars have described as a 'retributive genocide' between the religions. The Pakistani government claimed that 50,000 Muslim women were abducted and raped by Hindu and Sikh men and similarly the Indian government claimed that Muslims abducted and raped 33,000 Hindu and Sikh women.
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Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation. Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial". The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is the aim of this attempted balance between retributive and restorative justice that, it is hoped, will enable the ICC to not only bring criminals to justice but also help the victims themselves obtain some form of justice.
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Kurdish refugee children run toward a CH-53G helicopter of the German Army during Operation Provide Comfort As seen from the cockpit of a Fighter Squadron 41 (VF-41) F-14A Tomcat aircraft, a Fighter Squadron 84 (VF-84) Tomcat, background, and another VF-41 Tomcat fly in formation at an aerial refueling meeting point during Operation Provide Comfort "Operation Haven" (the UK's name for the operation) was a UK- headed initiative, made at a time when the US was fundamentally uninterested in any further taking of action in the Persian Gulf region. The UK prime minister's lobbying of other European states resulted in NATO's support, leveraging the necessary US air support. Then as Saddam Hussein's retributive activities intensified, US ground and logistic support was also achieved. This was a distinctly UK-headed operation though, with a proposed force of 6,000 personnel, spearheaded by the 3 Commando Brigade, Royal Marines, with elements from the UK's army, the Royal Air Force, and other coalition member states.
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In 2068, Black is seconded to command the Zero-X spacecraft for a manned mission to Mars, assigned with investigating anomalous radio signals detected by the Spectrum Organisation. Previously, Earth was aware only of the existence of rock snakes on the planet (as seen in the 1966 film Thunderbirds Are Go); consequently, Black is alarmed to discover a fully developed, extraterrestrial city on the Martian plains. When the inhabitants – a collective, intangible, artificial intelligence calling itself "the Mysterons" – rotate scanning apparatus towards the Martian Exploration Vehicle (MEV), Black misinterprets the attempt at peaceful first contact as preparations for an attack; believing the Mysterons to be hostile, he orders his subordinates to fire on and destroy the settlement. The Mysterons subsequently use their power of "reversing matter" to reconstruct the city, declare a retributive war against Earth – the first act of which will be the assassination of the World President – and assert mental, telepathic control over Black.
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Ancient texts of the Hindu tradition formulate and articulate punishment.John Dawson Mayne (1910), , Stevens and Hynes, Harvard Law Library Series These texts from the last 2500 years, states Terence Day,Terence Day (1982), The Conception of Punishment in Early Indian Literature, Wilfrid Laurier University Press, , pages 18-22 imply or recognize key elements in their theories of fair punishment: (1) the texts set a standard of Right, in order to define a violation that warrants punishment; (2) they discuss the possibility of a violation thereby defining a wrongdoing; (3) they discuss a theory of responsibility and assignability of a wrongdoing; (4) the texts discuss degrees of guilt, and therewith the form and severity of punishment must match the transgression; (5) they discuss approved and authorized forms of punishments and how these may be properly administered. The goal of punishment, in Hindu law, has been retributive and reformative.KL Seshagiri Rao (1997), Practitioners of Hindu Law: Ancient and Modern, Fordham Law Review, vol.
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The entire spirit, philosophy and purpose of Godianism are compressed into the following creed of the Godian Religion: # I believe in the Almighty God, Creator of heaven and Earth, as my source of inspiration, strength and as my protector. # I believe in the universal brotherhood of man under the fatherhood of one God; love your neighbor as you love yourself; do unto others as you would want others to do unto you; thou shall not kill; thou shall not steal; thou shall not commit adultery; thou shall not lie; and in respect and obedience to elders, just laws, and in retributive justice. # I believe that every human being, consciously or unconsciously, looks up to something above him as his source of inspiration, and that "something" is the Almighty God. # I believe that the Almighty God made the world a paradise of happiness for humanity but that man has made the world a hell for himself by too much quarrels with his fellow man over methods of God-worship.
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" John Jowett argues the production very much reinforced the teleological assumptions upon which the Tudor myth is based; "it generated an epic sense of history as a horrific process. Richard's deeds, far from appearing as gratuitous crimes, were the final retributive throes of a sequence of events starting far back in the murder of Richard II." Randall Martin similarly writes "Barton created a compelling dynastic saga about the houses of Lancaster and York, as one falls and the other triumphs - or appears to do so. This emphasis on family history over any single personal story was reinforced by the plays' relationship to the wider cycle, which affiliated individual episodes to an epic structure and teleological interpretation of history." Likewise, Nicholas Grene explains that "as Tillyard saw the history plays, they were the grandly consistent embodiment of the orthodox political and social morality of the Elizabethan period, preaching order and hierarchy, condemning factious power-seeking and the anarchy of civil war to which it led, commending the divinely sanctioned centralised monarchy of the Tudors.
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Restorative Justice, adopted in schools and communities, rejects traditional retributive punishment—suspension, expulsion, humiliation—to focus on the rehabilitation of offenders through reconciliation with victims and the larger community that was harmed. In response to efforts to improve school safety through the use of metal detectors, video cameras, random backpack sweeps, uniformed police and referrals to other law enforcement in what critics term the "school to prison pipeline," large school districts in Los Angeles, Oakland and Denver, among others, have shifted from suspension and expulsions to restorative justice. Predicated on the belief that offenders can transform to become better people, the reconciliation process involves bringing the victim, offender and community members, professionals and volunteers, together to talk about what happened from multiple points of view and to create consensus on what the offender can do to make up for the harm caused and prevent similar future offenses and destructive patterns of behavior. Elements of restorative justice programs may also include: teen court, family conferencing, community-building circles, formal apologies, community service or personal service to the victim. 11/15/15.
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Twitter, after internal review, marked the message with a "public interest notice" that deemed it "glorified violence", which they would normally remove for violating the site's terms, but stated to journalists that they "have kept the Tweet on Twitter because it is important that the public still be able to see the Tweet given its relevance to ongoing matters of public importance." Following Twitter's marking of his May 28 tweet, Trump said in another tweet that due to Twitter's actions, "Section 230 should be revoked by Congress. Until then, it will be regulated!" By June 2, 2020, the Center for Democracy & Technology filed a lawsuit in the United States District Court for the District of Columbia seeking preliminary and permanent injunction from the EO from being enforced, asserting that the EO created a chilling effect on free speech since it puts all hosts of third-party content "on notice that content moderation decisions with which the government disagrees could produce penalties and retributive actions, including stripping them of Section 230s protections".
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The Partition of India was the partition of the British Indian EmpireThe Great Partition: The Making of India and Pakistan by Yasmin Khan that led to the creation of the sovereign states of the Dominion of Pakistan (which later split into Pakistan and Bangladesh) and the Dominion of India (later the Republic of India) on 15 August 1947. During the Partition, one of British India's greatest provinces, the Punjab Province, was split along communal lines into West Punjab and East Punjab (later split into the three separate modern-day Indian states of Punjab, Haryana and Himachal Pradesh). West Punjab was formed out of the Muslim majority districts of the former British Indian Punjab Province, while East Punjab was formed out of the Hindu and Sikh majority districts of the former province. Corpses in the street of Calcutta after the Direct Action Day in 1946 Hindus, Muslims and Sikhs who had co-existed for a millennium attacked each other in what is argued to be a retributive genocide of horrific proportions, accompanied by arson, looting, rape and abduction of women.
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Immediately after the Bangladesh independence war of 1971, those Biharis who were still living in Bangladesh were accused of being "pro-Pakistani" "traitors" by the Bengalis, and an estimated 1,000 to 150,000 Biharis were killed by Bengali mobs in what has been described as a "Retributive Genocide". Mukti Bahini has been accused of crimes against minority Biharis by the Government of Pakistan. According to a white paper released by the Pakistani government, the Awami League killed 30,000 Biharis and West Pakistanis. Bengali mobs were often armed, sometimes with machetes and bamboo staffs.Jones, Adam (2010). Genocide: A Comprehensive Introduction. Routledge. p. 231. . 300 Biharis were killed by Bengali mobs in Chittagong. The massacre was used by the Pakistani Army as a justification to launch Operation Searchlight against the Bengali nationalist movement.D'Costa, Bina (2010). Nationbuilding, Gender and War Crimes in South Asia. Routledge. p. 103. . Biharis were massacred in Jessore, Panchabibi and Khulna (where, in March 1972, 300 to 1,000 Biharis were killed and their bodies were thrown into a nearby river).Gerlach, Christian (2010).
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The 1951 Census of Pakistan recorded that the most significant number of Muslim refugees came from the East Punjab and nearby Rajputana states (Alwar and Bharatpur). They were several 5,783,100 and constituted 80.1% of Pakistan's total refugee population. This was the effect of the retributive ethnic cleansing on both sides of the Punjab where the Muslim population of East Punjab was forcibly expelled like the Hindu/Sikh population in West Punjab. Migration from other regions of India were as follows: Bihar, West Bengal and Orissa, 700,300 or 9.8%; UP and Delhi 464,200 or 6.4%; Gujarat and Bombay, 160,400 or 2.2%; Bhopal and Hyderabad 95,200 or 1.2%; and Madras and Mysore 18,000 or 0.2%. So far as their settlement in Pakistan is concerned, 97.4% of the refugees from East Punjab and its contiguous areas went to West Punjab; 95.9% from Bihar, West Bengal and Orissa to the erstwhile East Pakistan; 95.5% from UP and Delhi to West Pakistan, mainly in Karachi division of Sindh; 97.2% from Bhopal and Hyderabad to West Pakistan, mainly Karachi; and 98.9% from Bombay and Gujarat to West Pakistan, largely to Karachi; and 98.9% from Madras and Mysore went to West Pakistan, mainly Karachi.
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The core subject in The Way to Divine Knowledge is the concept of the “new birth” (regeneration) within the soul. In the Atonement passages in The Way to Divine Knowledge Law again asserted, as he had done in his previous books especially from 1737 and onwards, that the redemption of Christ was an example of “God’s mercy to all mankind”. It was the only method of overcoming evil achieved by a new birth of a new sinless life in the soul and its reunion with God. This new birth depended on one’s own will to choose between “good and evil” which would create either heaven (good, love and light) or hell (anger, wrath and darkness) within one’s soul.Boehme wrote in the Forty Questions that “every soul is its own judgment” and Law had written in The Spirit of Prayer, part I (1749), “A Christ not in us is the same thing as a Christ not ours”, Stephen Hobhouse, Selected Mystical Writings of William Law, 1949, p. iv. However, Law realized that this concept of “the nature and necessity of regeneration” would be totally rejected by those who believed in “guilt, righteous anger, retributive punishment, compensatory justice and sacrificial death.
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In Ritter's opinion, Germany can be criticized for its mistaken evaluation of the state of European power politics in July 1914. According to Ritter, the German government had underrated the state of military readiness in Russia and France, falsely assumed that British foreign policy was more peaceful than what it really was, overrated the sense of moral outrage caused by the assassination of Archduke Franz Ferdinand on European opinion, and above all, overestimated the military power and political common sense of Austria-Hungary. Ritter felt that in retrospect, it was not necessary for Germany to maintain Austria-Hungary as a great power but claimed that at the time, most Germans regarded the Dual Monarchy as a "brother empire" and viewed the prospect of the Balkans being in the Russian sphere of influence as an unacceptable threat. As opposed to Fischer's claim that Germany was deliberately setting off a war of aggression, Ritter argued that Germany's support for Austria-Hungary's retributive plan to invade Serbia was an ad hoc response to the crisis gripping Europe.Ritter, Gerhard "Anti-Fischer" pages 135-142 from The Outbreak of World War I edited by Holger Herwig, Boston: Houghton Mifflin, 1997 page 138.
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He also served on the Virginia Waste Management Board, as well as on the National Board of Directors of the Lawyers' Committee for Civil Rights Under Law and the Board of Governors of the Virginia State Bar Diversity Conference. Often an advocate pushing the cutting edge of legal reform, one of Dunnaville's latest projects involves promoting the implementation in Virginia of restorative justice as an evidence-based alternative to traditional disciplinary and retributive measures. Dunnaville has been the object of a number of accolades in summation of his career and achievements. In 2008, he received the Segal-Tweed Founders Award from the Lawyers' Committee for Civil Rights Under Law, in recognition of his long-term commitment to civil rights. During 2008 and 2009, he served as appellate co- counsel in Virginia’s first civil Gideon case heard before the Supreme Court of Virginia, culminating in 2012 amending legislation to the Code of Virginia expanding the right to counsel for the indigent. In 2009, Dunnaville was named a “Leader in the Law” by Virginia Lawyers Weekly and the Virginia State Bar awarded him its Lewis F. Powell Jr. Pro Bono Award.
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