Just punishment in unjust societies – notes on critical currents in philosophy of punishment Cover Image

Sprawiedliwość kary w niesprawiedliwych społeczeństwach – uwagi o nurtach krytycznych w filozofii karania
Just punishment in unjust societies – notes on critical currents in philosophy of punishment

Author(s): Michał Peno
Subject(s): Criminal Law, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: punishment; society; criminal justice; social justice

Summary/Abstract: Among the modern concepts of punishment a current critical of the standard – classic – model of criminal law can be distinguished. Critics, whether criminologists, philosophers or representatives of other social sciences, including P. Fletcher, T. Eagleton or B.A. Arrigo, focus their attention on the problem of the relationship between social justice, i.e. the functioning of an individual in the community and criminal justice. Social injustices such as poverty, inequality and other types of exclusion, or generally the very existence of an underclass as a group of people excluded from participation in the civil society, should be reflected in the shape of criminal law and responsibility for criminal offences. The aim of the study is to answer the question of how factors related to broader social justice should – in the light of the critical and contesting views – affect the responsibility or the justice of punishment.

  • Issue Year: 2017
  • Issue No: 35
  • Page Range: 5-24
  • Page Count: 20
  • Language: Polish