Julius Friedrich Heinrich Abegg - Theories

Theories

Julius Abegg was advocate for and founder of the Theory of Equitableness. In this theory the punishment is to be based on equitableness and should cancel with the breach of the law. Equitableness alone decides on the precondition, the degree and the manner of a punishment, yet taking into account the motives of the accused. While the act of the crime and the punishment are as such not comparable, cultural and temporal customs can provide values for their comparison. If the punishment is determined according to these ideas, it would provide retribution of the deed, the criminal's right of a just penalty, deterrence of others and protection of society.

The aspect of retribution for the deed may be the reason that Abegg was also an advocate for death penalty. In a review he states that for him death penalty is not a revenge, not violence against a crime - no, it shall be the revocation of the wrong, highly personified, so that it can not persist anymore without objection. He attributes a life an unlimited value, so that a death becomes the unlimited evil.

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