LAICIZAREA PERSPECTIVEI ASUPRA PEDEPSEI. SCHIMBAREA PARADIGMEI EXECUŢIONALE ŞI CRIMINOLOGICE
LAICIZING THE PERSPECTIVE ON PUNISHMENT. CHANGING THE EXECUTION AND CRIMINOLOGICAL PARADIGM
Author(s): Mihai GiurgeaSubject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Criminology, Penal Policy
Published by: Universul Juridic
Keywords: imprisonment/deprivation of liberty; secularization; penal execution/criminal enforcement; canon law; inquisition; torture; right to defence; presumption of innocence;
Summary/Abstract: This article explores the historical transformation of custodial punishment from a religious and penitential framework to a secular and rationalist paradigm. In the Middle Ages, influenced by canon law, imprisonment pursued moral correction through isolation and torture, with the inquisitorial system denying real defense rights. The rise of humanism and the Enlightenment brought strong criticism of torture, secret procedures, and arbitrary justice. Thinkers such as Beccaria, Montesquieu, and Voltaire promoted legality, proportionality, and the abolition of torture, while John Howard, Bentham, and Fry emphasized religion, education, and labor as rehabilitative tools. This evolution culminated in the Enlightenment, which established the modern principles of penal execution law and laid the foundations of contemporary penitentiary science.
Journal: Universul Juridic
- Issue Year: 2025
- Issue No: 10
- Page Range: 99-104
- Page Count: 6
- Language: Romanian
