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Justice in society must include both a fair trial to the accused and the sel
Justice in society must include both a fair trial to the accused and the sel
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2023-07-11
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问题
Justice in society must include both a fair trial to the accused and the selection of an appropriate punishment for those proven guilty. Because justice is regarded as one form of equality, we find in its earlier expressions the idea of a punishment equal to the crime. Recorded in the Old Testament is the expression "an eye for an eye, and a tooth for a tooth". That is, the individual who has done wrong has committed an offense against society. To make up for this offense, society must get just. This can be done only by inflicting an equal injury upon him. It is illustrated when we demand the death penalty for a person who has committed murder.
And this philosophy of punishment was supported by the German idealist Hegel. He believed that society owed it to the criminal to administer a punishment equal to the crime he had committed. To the murderer nothing less than giving up his own life will pay his debt.
Modern jurists have tried to replace retributive justice with the notion of corrective justice. The aim of the latter is not to abandon the concept of equality but to find a more adequate way to express it. It tries to preserve the idea of equal opportunity for each individual to realize the best that is in him. The criminal is regarded as being socially ill and in need of treatment that will enable him to become a normal member of society. Before a treatment can be administered, the cause of his antisocial behavior must be found. If the cause can be removed, provisions must be made to have this done. Only those criminals who are incurable should be permanently separated from the rest of society. If severe punishment is the only adequate means for accomplishing this, it should be administered.
However, the individual should be given every opportunity to assume a normal place in society. His conviction(定罪)of crime must not deprive him of the opportunity to make his way in the society of which he is a part. [br] The Biblical(圣经的)expression "an eye for an eye, and a tooth for a tooth" was presented in order to______.
选项
A、prove that equality demands just punishment
B、justify the need for punishment as a part of law
C、give moral backing to retributive justice
D、prove that man has long been interested in justice
答案
C
解析
推断题。本题问文章引用圣经中“以眼还眼,以牙还牙”的说法目的是什么?第一段第二、三句提到"Because justice is regarded as one form of equality,we find in its earlier expressions the idea of a punishment equal to the crime.”(因为司法被看作是一种公正的形式,从而在较早表述中可以发现罪罚相等的思想),可见,文章引用圣经的话,无非是从宗教的角度(即:道义上)来论证retributive justice的必要性,因此C项“为retributive justice提供道义上的依据”正确。
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