THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS
AUTHOR – SORNALAKSHMI V S, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – SORNALAKSHMI V S, THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 984-993, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Punishment serves as the primary mechanism through which criminal justice systems address illegal behavior and maintain social order. The rationale, aims, and methods of punishment have been subjects of extensive debate within legal theory, leading to the emergence of various approaches, including retributive, deterrent, preventive, reformative, compensatory, and restorative theories. This article presents a comparative jurisprudential examination of these theories to explore how diverse legal systems understand and implement punishment in relation to their historical development, constitutional principles, and socio-legal environments. Utilizing a doctrinal and comparative research methodology, the study investigates statutory laws, judicial rulings, and international human rights frameworks across Common Law jurisdictions such as India, the United Kingdom, and the United States, alongside Civil Law systems like Germany and France. The findings indicate a global transition from strictly retributive and deterrent models toward more integrated approaches that focus on reformative and restorative principles emphasizing proportionality, individualized sentencing, and human dignity.
Additionally, it assesses the increasing impact of constitutionalism and international human rights law on contemporary sentencing jurisprudence. The article concludes that no single punitive theory is adequate when considered in isolation and advocates for a comprehensive approach that is humane and rights-focused—drawing insights from comparative jurisprudence—to achieve a just and effective criminal justice system.
KEYWORDS:
Theories of Punishment; Comparative Jurisprudence; Sentencing Policy; Retributive Justice; Reformative Justice; Restorative Justice; Human Rights; Constitutionalism; Criminal Justice System.