There are many explanations about the characteristics of punishment. For Emile Dürkem, punishment is mainly an expression of social solidarity, not criminal countermeasures. Here, since perpetrators are attacking the social moral order through crime, they must be punished to show that this moral order is still "effective". Durkheim's theory asserts that punishment must be made visible to everyone. It therefore represents the anger of challenging the collective values of all members of society.
Punishment such as revenge, deterrence, or recovery. For example, some societies may punish animals that have never made a mistake or punish inanimate objects. Durkheim also explored how social rituals work to maintain social ideals. According to Dürkem, the great ideal of civilization was born in the era of cultural innovation and crisis selection, human interaction reached intense driving force at that time, and created a new idea. However, society can not maintain this strength, but it returns to normal level.
Does society have the right to punish? Is it morally reasonable to impose penalties? These complicated problems will be dealt with in the rationale of rationale, rationale and nature of punishment below. As laws and regulations as well as rules concerning punishment such as the number of penalties that can be imposed and types of actions are of course included in laws and regulations, in that sense the law defends punishment. However, although the law can prescribe punishment, the moral grounds and the legal grounds of punishment are separate issues, as the moral reason for penalties in society must still be established.
The reasons for punishment seem to come from a moral and legal point of view. Discussion on retaliation points out that criminals should be punished for their misconduct. Utilitarian reasons for punishment is that law offenders should be punished for the benefit of society. If you look closely at the discussions of both sides, there are loopholes that can not be ignored. The retaliatory debate seems to be punished for revenge, so long as social utility is maximized, Utilitarians do not seem to care about who they punish. Both arguments have promises, but what options are there to maintain social order? You must try to understand the intent of punishment and the impact on criminals and society. Regardless of Utilitarian or punitive, the reasons for penalties help to evaluate the effectiveness of the punishment itself and whether it is the sole purpose.