Some social-legal aspects of punishment

Abstract

In chapter one of this dissertation, I will be discussing the historical evolution of punishment, stating the different forms of punishment which have been adopted so far. I will also be referring to the Enlightened age, in other words to that period where the first sound approach of punishment was made. Also included in this chapter is the classical school of punishment as well as the positive school of punishment. In part two, I will be discussing the modem approach of punishment, stating that nowadays punishment is guided by the principle of individualised justice and that although modem penology is definitely offender-orientated yet justice means also just deserts. I will also be pointing to the fact that victims of crime are increasingly being included in today's approach of punishment. I judged it opportune to end this chapter by commenting and highlighting the importance of legislative involvement in the infliction of punishment, if justice is to be done effectively. In the last chapter, I will be discussing different non-custodial sanctions concentrating mainly on our present system of alternatives to imprisonment, but before doing this I thought that it will be right to give an introduction on imprisonment as punishment, pointing out its deficiencies so as to demonstrate why faith is increasingly being put on other alternatives to imprisonment.