May 23, 2024

politics of law

Politics and Law

All Punishment is Mischief

2 min read

As rational being every body must accept that values are important for leading a good peaceful life. They dictate how people ought to behave. Violating of laws or exceeding the limits is punishable act, otherwise all laws become a farce. As a member of society, our rights are limited by our duties, and our foremost duty is to respect and obey these laws.

Again according to the theory of ‘Catharsis’ evil must be punished. If evil is not punished or a crime goes unpunished, others are also encouraged to commit or imitate the evil or the crime. Moreover, if the evil door is not punished or left scot-free, those who are good and law-abiding, will start hating the right and prompted to follow the bad example. Thus respect for laws ad justice demand that some kind of punishment must be meted out to the wrong doer, the criminal or the transgressor. Physically, morally and socially punishment has been justified. Therefore, punishment is not a mischief, on the other had it wards off and checks all kinds of mischief.

All social and political crimes like theft, robbery, bribery, adultery, seduction, cheating, drug trafficking, forgery, smuggling, fraud, deformation, murder, treachery, sabotage, quisling activities are all punishable crimes. The present high graph of all these evils are due to the fearlessness about laws or slackness of law imposing authorities. Fear can be a best teacher if it is a strict deterrent. The psychological basis of punishment is ‘fear’. Punishment is necessary for eradicating or burning crimes but the law must fall with a heavy hand.

The most common punishments for various offenses that are prevalent in the world are imprisonment, banishments, capital punishment, hanging, electrocution and execution, public whipping is also practiced in a few Muslim countries.

Whether these punishments are good or bad, justified or mischievous or propitious, they are being awarded and executed or practiced in present day world. Why is punishment necessary or how can it be justified.

Laws are made for men not men for laws. Law is a bridle to excess and not spur to it. This definition is also a test of law. The object of law making is to remedy grievance and not to cause one. Modern psychologists and jurists have come out with new theories about punishment. Some even go to the extent that all punishment is mischief and must be abolished. Others wish to do away with death penalty. No body denies the necessity of law, there is no need for legislature, execution, police force and courts. But men are not angels. They need guidance, checks and controls. The purpose of law is not merely to judge what is right and what is wrong, what is fair and what is foul, what is good and what is evil, but they must also reward the virtue and punish the evil. It I the way of God and it be enforced in all seriousness.

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