L’humanisme en criminologie et dans la lutte contre la criminalité
L’humanisme en criminologie et dans la lutte contre la criminalité
Author(s): Leon Chełmicki-TyszkiewiczSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: the philosophy of a human; crime; penalty; resocialization
Summary/Abstract: This paper is based on humanism, which assumes the humanistic vision of a human being who makes choices (homo eligens) and a moderate indeterminism of human behavior. This vision also reflects the postulate to respect the rights and interests of a human being. The human perceived as a person who makes choices (which is a hypothesis subject to verification) is the premise of the humanistic paradigm in criminology. According to this paradigm, a relatively free decision is a key element of the genesis of a crime. This decision is in varying extent influenced by different circumstances, which criminology attempts to discover as criminogenic factors. Consequently, penal law must resort to both: repression, which is a reaction to the element of free decision making included in a crime, and resocialization, which is aimed at eliminating or weakening the existing criminogenic factors. The application of penal law should be supported by social policy (e.g. decreasing unemployment).
Journal: Silesian Journal of Legal Studies
- Issue Year: 2011
- Issue No: 3
- Page Range: 17-25
- Page Count: 9
- Language: French