The Paradigm Shift In Penal Philosophy: A Social-Legal Analysis Of Reformative Justice In Contemporary Criminal Jurisprudence
- IJLLR Journal
- Jul 2
- 1 min read
Anushka Singh, Jagannath University Jaipur
Shivina Rathore, Jagannath University Jaipur
ABSTRACT
Penal philosophy has gone through so many transformations over the time shifting from a punitive and retributive approach to more reformative framework or approach. Customary criminal justice systems mainly or majorly focused on punishment deterrence and the revenge toward the society against the offenders. However modern social legal developments have make the need to reform the offenders to make sure to reintegrate them into society as responsible citizens of a society. This article majorly examines the paradigm shift in penal philosophy from retributive to reformative justice. It explores the evolution of punishment theories, the role of rights of humans, constitutional values, judicial approaches and interpretations in shaping the ongoing penal policies. Further this article analyzes the pros and cons or challenges of reformative justice and highlights the importance of balancing societal protection with offender rehabilitation. Although a social legal perspective this article argues that reformative justices more approachable with democratic values of a country or a society, human dignity and sustainable social order for social welfare.
Keywords: retributive justice, reformative justice, criminal interpretation, punishment, criminal justice system, penal philosophy.
