Penological Notion of Humanitarian Use of Punishment Cover Image

Penologiczna analiza pojęcia humanitarnego karania
Penological Notion of Humanitarian Use of Punishment

Author(s): Jarosław Utrat-Milecki
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Profilaktyki Społecznej i Resocjalizacji UW
Keywords: humanism; penology; punishment

Summary/Abstract: Punishment is an intentional infliction of unpleasantness through various deprivations. Humanism is an intellectual and moral attitude leading towards activities in favour of welfare and happiness of human being. The contradiction between punishment and ideals of humanism was the source of intellectual and moral criticisms of punishment and penal reforms. In terms of the theory of state punishment must fit the general principles of legal order which is based, in our times, on the principle of recognition of the natural dignity of (each) human being. That is why some forms of punishment are forbidden (corporal punishments), and there are minimal standards for other forms of punishment. The necessity of keeping minimal standards does not make the punishment a humanistic activity but may lead to its humanitarian use. Humanitarian means full of respect and love of one human being towards the other. Hence penal system requires both the standards protecting human dignity and the appropriate professional (including ethical) attitude of the staff participating in the penalty. If it is followed by the activities of society towards social reintegration of punished individuals, it may then be called penal system close to the ideal model of humanitarian use of punishment.

  • Issue Year: 2009
  • Issue No: 14
  • Page Range: 127-138
  • Page Count: 12
  • Language: Polish