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Cultural Significance of Punishment

To start, let us define what is Punishment


- According to the dictionary punishment is the infliction or imposition of a penalty as retribution for
an offense.
-Punishment has five recognized purposes: deterrence (pagpigil o hadlang), incapacitation
(tanggalan ng kakayahan), rehabilitation (pagbabagong buhay), retribution (paghihiganti), and
restitution (pagsasauli).

There are five main underlying theoretical justifications of criminal punishment:


Retribution - this theory of punishment derives from the Old Testament lex talionis "an eye for an
eye". It justifies punishment on the basis that all individuals convicted of a crime deserve to be
punished, and proposes that the most appropriate response is a punishment that is proportional to
the wrong committed (see for example: Baier, 1977).
Two main ways to view this:
1. Revenge - Getting back at someone for what they have done (Capital Punishment is the ultimate
example for this)
2. Restoration - making the offender pay bak for what has been done (Community service can be
used as you may have to clean things that you vandalised)
Many see retribution as justice being served. The criminal has gotten the sentence they deserve.

Incapacitation - this theory assumes that the state has a duty to protect the public from future
wrongs or harms, and that such protection can be afforded through some form of incarceration or
incapacitation. It focuses on preventing future crimes by disabling and restricting the offender's ability
to commit a future wrong, and can take very different forms, including the death penalty,
incarceration, house arrest and disqualification from driving for drunken drivers (see for example:
Zedner, 2004).

Deterrence - like incapacitation, deterrence justifies punishment on the basis of preventing future
crimes. Individual deterrence justifies the imposition of punishment to prevent the offender from
committing further crimes. General deterrence justifies the imposition of punishment to deter and
prevent others from committing similar crimes.
the theory that criminal penalties do not just punish violators, but also discourage other
people from committing similar offenses.

Rehabilitation - the central premise of rehabilitation theory is that punishment can prevent future
crime by reforming the offender's behaviour. The purpose of punishment is to address and reduce the
risk and needs of individual offenders through intervention programmes, such as education,
vocational training, and treatment, including cognitive-behavioural programmes, so that they can
return to society as law-abiding citizens. Its main focus is on the rehabilitation and social reintegration
of offenders into society (see for example: Ashworth, 2007). The UNODC Introductory Handbook on
the Prevention of Recidivism and the Social reintegration of Offenders (updated in 2018) defines
rehabilitation as 'a wide variety of interventions aimed at promoting desistance from crime and the
restoration of an offender to the status of a law-abiding person' (p. 127).

Reparation - the justification of reparation as punishment is based on the premise that crimes should
be corrected by offenders making amends to victims to repair the wrong that they have done.
According to this theory, restitution or restoration and compensation to victims, their families or
communities is considered a central part of criminal justice (see for example: UNODCCP, 1999).

During the Ancient times.


The purpose of punishment was retributive (retributive/retribution in tagalog is GANTI)*. Punishment
was focused primarily on the physical body. Retribution approaches also suggest that there are
agreed upon rules within society, and those who violate those rules must be punished to uphold those
values and rules. (ibig sabihin ang mga parusa nuon ay mula sa consensus ng mga mamamayan,
hindi sya base lang sa desisyon ng isang tao or ng lider. Ang mga parusa ay base sa mga
pagpapahalaga, pananaw at paniniwala ng mga tao nuong panahon na iyon - CULTURE. Makikita
natin dito na kahit nuon pa man ang purpose ng punishment ay ang pageenforce nung kultura at
values ng mga tao
*Retribution - comes from the Latin for giving back what's due, either reward or punishment. But when
we talk about retribution, we only talk about punishment. The old punishment code of "an eye for an
eye, a tooth for a tooth," is an example of retribution.
So coming back to the main topic which is Cultural Significance of Punishment, and based on
what we learned so far, we can say that the following are the significance of punishment in a culture
-punishment enforces cultures (dahil sa mga punishment ang mga tao ay napipilitan or na
iimpluensyahan na sumunod sa kultura at mga nakagawian upang hindi maparusahan)
-punishment establishes habit, value and in the long run culture (dahil sa mga punishment ang mga
tao eah gumagawa at nakakasanayan na gawin ang mga bagay na makakaiwas sa kanila sa mga
parusa. In the long run yung mga gawi na iyon ay nagiging parte ta ng kultura

The 23 countries where Islam is declared the state religion are: Afghanistan, Algeria, Bahrain,
Bangladesh, Brunei, Egypt, Iran, Iraq, Jordan, Kuwait, Libya, Malaysia, Maldives, Mauritania,
Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Tunisia, the United Arab Emirates, and
Yemen.

Punishment and its relationship to Authority, Obedience and Subordination


To start let us define the following words:
Punishment - sentence or legal sanction; a state-imposed response to a crime
- the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression
of a law or command). Punishment may take forms ranging from capital punishment, flogging, forced
labour, and mutilation of the body to imprisonment and fines.
Authority - the power or right to give orders, make decisions, and enforce obedience.
- a person or organization having power or control in a particular, typically political or administrative, sphere.

Obedience - compliance with an order, request, or law or submission to another's authority

Subordination -  placement in a lower class, rank, or position : the act or process of


subordinating someone or something or the state of being subordinated

Punishment and its relation to Authority


-Authority is the enforcer of rules and punishments. The authority is the one responsible to ensure
that the rules and the punishments for violating those rules are followed and enforced at all times and
to all whose under his authority. (For a justice system or for rules to be followed kailangan my
enforcer na magbabantay at maninigurado na masusunod ang mga batas at kailangan din sila para
maiserve yung mga parusa in regards sa mga batas na yun. Kung wala ang awtoridad para
magpatupad ng mga batas at parusa ay wala ding silbi ang mga batas.)

Punishment and its relation to Obedience


-The thing about punishment is, it is served only to those who violate laws and rules. Meaning that
those who follow them and are obedient are rewarded by “not being punished”. Punishment inspires
and enforces obedience. Because of punishments people are more obliged to follow in order not to
be punished. (In other words, sino ba ang may gusto na maparusahan? Para hindi maparusahan
nagiging masunurin ang mga tao

Why Do People Obey the Law?


If you knew that you could get away with a crime, would you do it? For example, let's say that you
want a candy bar but don't have the money for it. Would you take it if you knew you wouldn't get
caught? What about a more serious crime - like burglary or murder?
For decades, psychologists have researched why people obey the law. Is it because of their moral
values or because they're afraid of the punishment if they get caught? And what types of punishment
are the best at deterring criminals? These are the questions psychologists try to answer. Let's look at
some of the things their research can tell us about why people obey the law.
Punishment and its relation to Subordination
-Punishment can only be given to those under ones authority and jurisdiction. Subordination
(Pagpapasailalim) means being under. (Ang mga batas at pasura ay para lang sa mga nasasakupan
nitong lugar at tao. Halimbawa, sa KSA (SAUDI) ay bawal mag angkat ng alak. Hindi naman natin
pwedeng sabihin na bawal na din mag angkat ng alak sa Pilipinas dahil bawal ito sa ibang lugar.
produces social order by controlling who is allowed in particular 'spaces. ' When we refer to
space, we are not only referring to the areas we can see, but also how the space produces social
relations between people within an area.
-Another approach that we can have regarding the matter is that subordination can also be a form of
punishment.
Humans often ‘altruistically’ punish non-cooperators in one-shot interactions among genetically
unrelated individuals. This poses an evolutionary puzzle because altruistic punishment enforces
cooperation norms that benefit the whole group but is costly for the punisher. One key explanation is
that punishment follows a social-benefits logic

https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-6/key-issues/1--introducing-
the-aims-of-punishment--imprisonment-and-the-concept-of-prison-reform.html
https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-7/key-issues/2--justifying-
punishment-in-the-community.html
https://www.canva.com/design/DAFPrRL25cI/S2MprB2hARbrO3IGf_pgZw/edit
https://www.canva.com/design/DAFPrRL25cI/S2MprB2hARbrO3IGf_pgZw/edit
https://www.canva.com/design/DAFPrRL25cI/S2MprB2hARbrO3IGf_pgZw/edit

https://www.toptenz.net/historys-most-supremely-strange-punishments.php

https://listverse.com/2021/10/19/10-strangest-judicial-punishments-in-history/

https://www.policechiefmagazine.org/philosophy-punishment-justice-cultural-conflict-criminal-justice/

https://slideplayer.com/slide/download/

https://www.canva.com/design/DAFPrRL25cI/S2MprB2hARbrO3IGf_pgZw/edit

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