PEDEAPSĂ ŞI AUTORITATE
PUNISHMENT AND AUTHORITY
Author(s): Iulian DobrinescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: punishment; authority; power; social defense; retributivism; Thomas Hobbes; state repression;
Summary/Abstract: The relationship between punishment and authority is an issue which, though at first may appear to be self-obvious, nonetheless creates a certain set of problems. Firstly, it is obvious that punishment is an act of authority and, as such, it constitutes an important instrument for the regulation of social life, as well as an instrument for the defense and protection of the community. However, punishment, or to be more precise the purpose and philosophy of punishment, is also an integral component in any analysis of the birth and function of State authority and State Power. Beginning with the 17th century, a common philosophical view has prevailed according to which the utility of punishment is, essentially, the single greatest argument in favor of the social necessity of authority. Beyond retributivist and utilitarian views on punishment, it is also possible to view punishment as a method of establishing and maintaining state authority.
Journal: Universul Juridic
- Issue Year: 2019
- Issue No: 08
- Page Range: 58-76
- Page Count: 19
- Language: Romanian