Punishment and the purposes of law | Lanbuk on Sierra Leone Legal System

In simple terms

Every legal system needs a theory of why it punishes. The main theories are retribution, deterrence, incapacitation and rehabilitation, and modern writers such as H.L.A. Hart combine them.

Theories of punishment

Retribution: Punishment is deserved because of the wrong done, and should be proportionate to it.

Deterrence: Punishment discourages the offender (individual deterrence) and others (general deterrence) from offending.

Incapacitation: Imprisonment protects the public by removing the offender.

Rehabilitation: Punishment should reform the offender and return them to society.

Restorative justice: The offender repairs the harm to the victim and the community. This is close to the reconciliatory aim of customary justice.

Hart's mixed theory

General aim and distribution: H.L.A. Hart argued that the general justifying aim of punishment is to reduce crime, while justice in distribution requires that only offenders be punished and in proportion to their offence.

Sierra Leone

Recent change: The Abolition of the Death Act 2021 abolished the death penalty in Sierra Leone.

Memory map

Punishment and the purposes of law

Theories of punishment

Retribution
Deterrence
Incapacitation
Rehabilitation

Hart's mixed theory

General aim and distribution

Sierra Leone

Recent change

Key points

Retribution looks back to the wrong
Rehabilitation and restorative justice aim to…
Hart separated the general aim of punishment…
The death penalty was abolished by the…

Take-home points

Retribution looks back to the wrong; deterrence and incapacitation look forward to preventing crime.
Rehabilitation and restorative justice aim to reform and repair.
Hart separated the general aim of punishment from who may be punished and how much.
The death penalty was abolished by the Abolition of the Death Penalty Act 2021.

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