The Evolution Of Doctrine Of Justification Penalty In The Modern Western Under The Perspective Of Legal Value

There exist three kind of general sense of the doctrine of justification for punishmentin the Modern Western legal history: theory of retribution, teleological and compromised.These three doctrines, especially the argue between retribution and teleology lasted forhundreds of years. Behind this form of criminal law perspective controversy is substantivephilosophy of law issues, or even philosophical questions beyond the law, which isdiachronic and have certain relationship with the economic and political background ofthat era.Tracing this line of thought, this paper aims to combine the historical background,presenting the changing of doctrine in western law educational world about justificationfor punishment since the Renaissancefrom the perspective of legal value orientationbehind the theory while dividing thedoctrine history into three major stages, six smallstages based on the differences of legal value orientation (tend to the justice, or theutilitarian) behind different theories of all times.This paper sorts out andrevolves aroundthemicroscopic clue--the diachronicdevelopment of the legal value tendencyof doctrine of justification penaltyin western laweducational worldsince the Renaissance, which is also where difficulties and innovationsof this paper lies.Here is the performance of evolution of punishment justification theory behind legalvalue orientation at all stages:i) The period before laissez-faire capitalism (from the Renaissance to1688):theascendingvalue of utilitarian and the diminishing value of justice;ii) Theliberal capitalism period (1688-1873): Justice ascendsto the peak value, whileoff to the utilitarian value;iii) The early monopoly capitalism(from1873to the end of the nineteenth centuryand the beginning of the twentieth):Utilitarian value is incremented until the extreme formof utilitarian value;iv)The middle of monopoly capitalism (from the end of the nineteenth century and the beginning of the twentieth to theearly World War II): the value of utilitarian diminisheswhile the value of justice comes to resurgenceto a certain extent;v) The late monopoly capitalism (during the World War II):Justicebreaksfor theextreme value of utilitarian value;vi)The contemporary capitalism period(since1945): the ascending value of justice,the diminishing value of utilitarian, and the value of justice and that of utilitarian come toa balance.This paper is divided into five chapters.The first chapter is about the overview of justification for punishment doctrine andthe introduction to the justification of penalty. It has a summary introduction about theapproaches ofjustification of punishment, as well as the three approaches justified underthe doctrine of penalties: theory of retribution, teleological and compromised. It also pavesthe way for the next chapter in the value analysis of justification for punishment theory;The second chapter is the value analysis of justification for punishment theory. Itadvocates the value of the philosophical approach, making analysis about the theory ofretribution and the theoryof compromised in a general sense from two dimensions in thelaw value the justices and the utilitarian, pointing out the different values tendencybetween thetheory of retribution and the theory of teleological, and furthermore, dividingthe specific punishment justification theories in modern western history into three majorstages, six small stages based on the different tendency to justice or utility in differentperiods.Chapter III, Chapter IV, Chapter V, respectively, are the three stages of the penaltydoctrine of justification, each stages including three parts:the historical backgrounddoctrine rooted, the philosophical background behind theory,the penalty doctrine of thisperiod and its evaluation. Core content of each stage is the development and change of thelegal tendency behind the theory, and outlined evolution of the doctrine of justifiedpunishment based on the context above.