L’humanisme en criminologie et dans la lutte contre la criminalité Cover Image

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-Tyszkiewicz
Subject(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).

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 17-25
  • Page Count: 9
  • Language: French