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Browse the 1966 Encyclopaedia of New Zealand
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Graphic: An Encyclopaedia of New Zealand 1966.

Warning

This information was published in 1966 in An Encyclopaedia of New Zealand, edited by A. H. McLintock. It has not been corrected and will not be updated.

Up-to-date information can be found elsewhere in Te Ara.

PENAL THEORY

Contents


Protection of Society

While the surest safeguard for society is the removal of the personal and social causes of crime, it is Utopian to imagine that in New Zealand or anywhere else this will be wholly achieved. Setting this aside, the protection of society may be sought through reformation, deterrence, and prevention. These are the chief motives of punishment today. Some authorities, among whom was the jurist Salmond, would add retribution as a fourth purpose of punishment. Others deny that retribution or expiation is a proper object of human law and consider that punishment for punishment's sake is impermissible. There is, however, increasing recognition among penal thinkers that the related concept of reparation has an important role in the process of reformation.