What are the achievements of theorising punishment?

english

2024

volume 75, issue 4

absolute theories   expressive theories   hard treatment   positive general prevention   punishment   relative theories   victims   victims' rights

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The author elaborates on recent developments in the debates surrounding the justification of punishment, with particular attention to how the traditional division between absolute and relative theories has been transcended. Special attention is paid to the integration of expressive theories into European theorising about punishment. While these concepts are not entirely new – having been previously discussed under different labels – the recent attempts to integrate victims’ interests into the debate may be viewed as a genuine innovation. Another question is whether these developments could have broader implications for the understanding and practice of criminal law. While shifts in theoretical emphasis regarding punishment do not significantly impact the day-to-day operations of the judiciary or penitentiary systems, these changes may have the potential to influence the criminal justice system over the long term.

14.03.2025