Arguments Over the Most Desirable Form of Justice

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Mahatma Karamchand Gandhi, the pre-eminent political and ideological leader of the Indian independence movement, is famously asserted “an eye for an eye makes the world blind” speaking of the need for a fundamental paradigm shift in relation to the global view of justice. The global concept of justice has a vast theoretical base which was founded upon the thoughts of John Rawls, the state of nature, and the Divine Providence (also deemed the Golden Rule). However, in recent years two opposing, philosophically based groups have rallied their proverbial troops and taken part in verbal wars over the most desirable form of justice. These groups are specifically those that subscribe to the tenants of retributive justice, and restorative justice. This argument is far reaching, and is a basic conversation focused on what is and is not ethical in relation to the treatment of offenses and the offender. Before an emphatic and clarion call for action can be sounded it is imperative that the tenants of these two opposing factions be examined. Second, the explicit examine the argument it is important to employ a rhetorical analysis in order to display how the factions are getting their points across. Finally, examination must occur to justly identify which of these ideological bases is the best alternative for current societal needs. Dorne and Gewerth, Professor of Criminal Justice at Saginaw Valley State University, assert in their 1999 research entitled “Mercy in a Climate of Retributive Justice: Interpretations from a National Survey of Executive Clemency Procedures” assert that “retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to sa... ... middle of paper ... Kenneth. "Mercy in a Climate of Retributive Justice: Interpretations from a National Survey of Executive Clemency Procedures." New England Journal on Criminal and Civil Confinement 25.413 (1999): 123+. Print. Kant, Immanuel, and John Ladd. Metaphysical Elements Of Justice. Indianapolis: Bobbs-merrill, 1965. Print. Marshall, Tony F. Restorative Justice: an Overview. London: Home Office Research Development and Statistics Directorate, 1999. Print. "Restorative Justice." Bureau of Justice Statistics (BJS). Web. 02 July 2011. . United States. Cong. House. By Pete Lee. 101st Cong., 2nd sess. HR Res. 11-1032. Print. White, Ron. "You Can't Fix Stupid." You Can't Fix Stupid. Comedy Central. Dallas, Texas, 25 Mar. 2006. Television. Zehr, Howard. Changing Lenses: a New Focus for Crime and Justice. Scottdale, PA: Herald, 1990. Print.
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