Giustizia penale e paradigma riparativo: una chiave di lettura hegeliana
Criminal justice and the restorative paradigm: a Hegelian key to interpretation
Author(s): Stefano FuselliSubject(s): Criminal Law, History of Philosophy, Ethics / Practical Philosophy, Political Philosophy, Philosophy of Law
Published by: Primiceri Editore
Keywords: restorative justice; Hegel; crime; punishment; reconciliation; retribution.
Summary/Abstract: The complementary relationship between restorative justice and traditional criminal justice outlined by Legislative Decree 150/2022 seems to suppose a real cultural turning point. At the same time, the possibility of such a convergence between two models of criminal justice often thought of as antagonistic raises the question of what is the theoretical horizon in which this relationship is inscribed and what are the conditions of its possibility. To shed light on these aspects, which appear in the text of the Decree, the contribution proposes a comparison with the set of Hegelian categories of crime, punishment, and judgment, the scope of which goes far beyond the logic of retribution.
Journal: Mediares. Rivista su trasformazione dei conflitti, cultura della riparazione e mediazione.
- Issue Year: 2023
- Issue No: 1
- Page Range: 8-35
- Page Count: 28
- Language: Italian