UNDERSTANDING OF THE PHENOMENON OF PUNISHMENT FROM THE STANDPOINT OF THEORIES OF RETRIBUTION

The article analyzes the major provisions of the theories examining punishment as an act of retribution to the criminal for committed crime. The author notes that even in a pre-state society punishment was understood in the spirit of retribution, then, as the religious consciousness was developed, the idea of divine retribution was established. In the period of absolutism the function of retribution was taken over by the state, which could not help affected the goals and types of punishment used at that period. The author also notes that the theories of retribution were developed in the works of Kant and Hegel in the most complete way, the main provisions of which are given in the article. In conclusion, the characteristic features inherent to the theories of retribution are determined; and conclusion is made that all of them, one way or another, are rethinking of the ancient principle of Talion.

punishment, theories of punishment, theories of retribution, purposes of punishment, justice, socio-philosophical understanding, principle of Talion, Kant, Hegel, right of punishment, death penalty