Retributive Justice: Problems and Paradoxes Cover Image

Atpildo teisingumas: problemos ir paradoksai
Retributive Justice: Problems and Paradoxes

Author(s): Karolis Jovaišas
Subject(s): Law, Constitution, Jurisprudence, Penal Policy
Published by: Lietuvos teisės institutas

Summary/Abstract: Only the problem of proportional and justice punishment, which expresses one of many aspects of justice, is analysed in Lithuanian legal literature. Comprehensive, objective and impartial analysis of justice in this article makes it possible to state, that in spite of broad sceptical attitude towards moral relativism, justice is not just a valuable but also relative category. At the same time the problems of justice may be discussed not in abstract level, but only in the context of concrete social behaviour, which is caused by many reasons. On the grounds of this principal position, the necessary and sufficient conditions of execution of justice are analysed in the article. There are also analysed the criteria helping to ground the influence of both the objective – the insecurity level and the nature of the criminal act executed – and valuable – the character internal and valuable orientations of perpetrator’s personality – criteria in proportional and justice punishment.

  • Issue Year: 2/2007
  • Issue No: 56
  • Page Range: 55-102
  • Page Count: 48
  • Language: Lithuanian