Justice or Deterrence? A Philosophical Reading of the Purpose of Punishment in Lebanese Penal Law

The purpose of punishment is one of the most controversial issues in criminal thought; it aims to establish security and stability within society in the face of criminal acts. In this context, legal scholars are divided: some view punishment as a means to achieve justice by imposing the penalty deserved by the offender, while others regard it as a utilitarian tool aimed at deterring crime and protecting society from the risks associated with it. Proponents of the former view belong to the classical school, whereas those holding the latter view subscribe to utilitarian theory. It should be noted, however, that achieving these objectives is not accomplished through rigid penalties, but rather through the principle of judicial individualization—a fundamental component of modern penal systems. This principle shifts punishment from an abstract, static framework to a more flexible one that takes into account the circumstances of the crime and the offender’s personality.