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The absolute theory of punishment, on which we must therefore fall back rests on the assumption that crime as crime must be punished; The state as representing society at large springs from a moral necessity. It is not a matter of choice whether we will live under government. Some government, some from of civil organization, we must have. And the state is not to be guided simply by expediency or by the merely external purposes of society. It has an existence of its own to maintain, a conscience of its own to assert, moral principles to vindicate. Penal justice, therefore is a distinctive prerogative of the state, to be exercised in the service and in the satisfaction of the duty of the state and rests primarily on the moral right fulness of the punishment inflicted.
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ISBN : 9788121262668
Pages : 334
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