ТЕОРИЈСКОПРАВНИ И ЕТИЧКИ ПРИСТУП КАЗНИ
THEORETICAL, LEGAL AND ETHICAL APPROACH TO THE PUNISHMENT

Summary/Abstract: For the decades the issue of punishment has certainly been at the center of attention of the lawyers and ethicists. Due to the fact that punishment is in itself evil, its very existence, as the social institution, can be justified only if proved that it could result in some goodness as opposed to the evil that constitutes it, therefore if goodness and evil could be compared. Evil incorporated in punishment should act as a counterbalance to the evil in the community, thus achieve intimidation. Theoretical, legal and ethical approach to the punishment emerges out of necessity for protection of human dignity on all the levels of social and state functioning. Kant’s, Hegel’s and all the way to the Herbert Hart’s theoretical, legal and ethical approach to the concept of punishment show the wish for man not to be taken for the means but for the ends. Thereby, ’’the realm of the ends“ is realized and the unified values are reached.

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