Right to punishment: legal-philosophical foundations and future directions

The thesis, Society's Role: Balancing Punishment with Healing, explores the complex relationship between punishment and justice, focusing on the role of restorative justice, traditional systems of justice, and the theories of philosophers like Plato, Immanuel Kant, and Paul Ricoeur. Restorative justice emphasizes dialogue, accountability, and active participation of victims, offenders, and the community in reintegrating offenders. This approach aims to instill a better understanding of the consequences of the crime and promote the reintegration of offenders into society. However, critics argue that this approach may overlook opportunities for rehabilitation and healing of communities. Paul Ricoeur's work represents a reconsideration of justice, emphasizing narrative identity and human transformation while promoting a balance between accountability and forgiveness. He advocates for a more humane penal justice that considers the long-term best interests of both victims and offenders. Ricoeur emphasizes moral development and societal reconciliation as a philosophical basis for integrating restorative practices into existing justice frameworks. The thesis provides a critical overview of the historical and philosophical roots of punishment, analyzing how societies can balance order and healing avenues through the theories of philosophers and principles of restorative justice. It also explores restorative justice's potential benefits for victims and offenders and its limitations within a modern legal framework. The thesis contributes to broader debates about the role of justice systems in building a society that supports accountability, dignity, and redemption.