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On responsibility, justification of punishment and theory of punishment as communication

Dr Michał Peno

Uniwersytet Szczeciński

English abstract: The article concerns the concept of punishment as an act of communication. Some retributivsts (i.e. ‘positive’ retributivists) believe that punishment communicates a censure. The article’s central proposition is that the act of communication is, in fact, strongly connected with the criminal responsibility. Furthermore, responsibility should not be identified with punishment. The so called positive retributivists claim that in order to fulfill communication purposes, offender have to be punished. However, punishment seems to be conceptually independent of the process of moral communication. It is shown that communication is linked with the very idea of criminal responsibility and the censure should by communicated through responsibility. Therefore, the article offers the view of responsibility as a complex process. Responsibility is an important social practice which in many cases can substitute punishment, particularly in its communicative aspect.

Keywords: responsibility, justification of punishment, theory of punishment as communication

Language: Polish

Published: Number 2(9)/2014, pp. 95-107

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Number of downloads: 110

Filed Under: Articles Tagged With: justification of punishment, responsibility, theory of punishment as communication

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Keywords

self-agency crisis of the rule of law personal dimension in legal education Leviathan access to justice Michał Pełka Gustav Radbruch responsibility of a professional reactive attitudes objectivity legal sentences Zygmunt Bauman MacCormick Jursiprudence non-legislative lawful excuse enactment and application of clauses constitutional crisis law and language Herbert Hart impartiality and independence of judges dialogical cosmopolitanism disinformation democracy equalisation of opportunities apoliticality social engineering legal constitutionalism vagueness human and civil rights and freedoms aesthetics of law Michał Wieczorkowski ideas of criminal law novelty public legitimacy mercy Tomasz Pietrzykowski Critical Discourse Analysis constitution’s functions Weber Aristotle photographs conventional acts nonpositivist concept of law circumstances excluding guilt aims means of the law courtroom discource judicial reasoning subjectivity hindsight bias Integrative Theory of Law

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