Punishment as medicina peccatoris. Reflections on Capital Punishment in St. Thomas Aquinas’ Doctrine
Punishment as medicina peccatoris. Reflections on Capital Punishment in St. Thomas Aquinas’ Doctrine
Author(s): Małgorzata ŁuszczyńskaSubject(s): History of Law, Criminal Law, Criminology, Philosophy of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: St. Thomas Aquinas; punishment; capital punishment; organic state concept; common good;
Summary/Abstract: The article presents the issue of punishment in St. Thomas Aquinas’ doctrine. In particular, it analysis the propriety of capital punishment. The author presents the link between punishment’s functions, rules of stating and executing with the common wealth. The acceptance of capital punishment is the consequence of rational attitude towards bonum commune and is a derivative of acceptance of organic state concept. The originality of Aquinas’ ideas in the subject of humanization of criminal law provides Thomas Aquinas with permanent place in the hall of fame of creators and propagators of the modern concept of the criminal law.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 65/2018
- Issue No: 1
- Page Range: 91-102
- Page Count: 12
- Language: English