An eye for an eye

What should we do when someone wrongs us? How should someone be dealt with? Wrong doing has consequences, and needs to be dealt with. There are three main ways of dealing with it; preventative punishment, restorative punishment, and retributive punishment. In reality the three are probably going to overlap, but for a minute lets consider them separately.

The primary motive behind preventative punishment is to try and decrease the chances of the crime happening again, either in the individual, or in others. This has a few subcategories; Incapacitation, where a person is punished by removal of certain rights which makes them unable to commit further wrong, Rehabilitation, where the punishment is designed to make the individual a better person, and less likely to commit further wrong, and lastly, Deterrance, where a punishment serves to deter the individual and others from committing future future wrong.

Restorative punishment is a punishment when it is possible for the wrong-doer to repay (in some way) for whatever wrong they committed. For example, if someone steals my cow, they can be punished by being required to give me a cow of equal value.

Restorative punishment is good, but has limitations. All stealing is not caught, so if we only penalize the robber to the value of what they stole it makes economic sense to steal as often as possible, and pay back whenever you’re caught, but still benefit from the times you’re not caught. For this reason people are made to pay more than what they stole, which is really a deterrence. The other issue is that not all wrong can be paid back - if the robber who stole my cow has already eaten my cow, and is now left with nothing, what can he do to recompense me?

This is where retributive punishment rears it’s ugly head. This is when the offender is punished in such a way that doesn’t restore the damage they did to the victim (e.g. a if someone is murdered, then nothing, not even taking the murderer’s life, can bring the loved ones back.), and in theory doesn’t prevent more offending. This is not deterrence, because the motivation is not to prevent offending, but for the victim to be satisfied. In practice it’s hard to differentiate between the two, because a retributive punishment is going to have some deterrence.

Some think there is a need for retributive punishment. Victim’s rights have been infringed, so they have the right to retribution. Personally, I’m unsure whether retribution is an innate right, but for better or worse it seems to be a right that people respect. But even though we may have this right, I think it’s better not to exercise this right.

The old testament law prescribed a form of retribution, ‘an eye for an eye’, but Jesus taught something different; “…love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you…”. And there are good reasons for this. Retribution can often start off appearing as just, but it is very close to turning into something much worse. In fact the ‘noble’ motive of wanting retribution can serve serve to cover up a hateful desire for destruction, and allow it to fester and grow, unchallenged.

Two wrongs do not make a right (even when one of the wrongs is sanctioned by the victims rights). Instead, two wrongs creates a relationship of hate, where both parties seek to harm, or even destroy the other. This is unhealthy, pathological, and leads to a cycle of hate and destruction, negatively affecting the victim and the perpetrator. Mahatma Gandhi once said “An eye for an eye, and soon the whole world is blind”.

The alternative to this is universal love towards all. Not necessarily towards all actions, but towards all that are in the universe. A love that accepts the occasional need for preventative and restorative punishment, but that shies away from inflicting retribution, and instead wanting to forgive. A desire that all may ultimately be ‘blessed’, that all may grow and become great, and that together we may all live in peace and harmony. Yes, it sounds kinda hippish, but it’s ultimately something worth aiming for.