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

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Keywords

Mateusz Wojtanowski teleological ethics Rafał Mańko principle of law interpretation communication narrative theory of argumentation legal protection of animals hermeneutic universalism judicial decision virtue nature and complexity of law Wojciech Ciszewski collective guilt Andrzej Grabowski dualism of law Deliberative philosophy constitutional consciousness katechon sanction theory Zygmunt Bauman sociological jurisprudence practical reasoning procedural criminal law legal conventionalism Adolf Julius Merkl legal sentences reflexive law nostalgia biopower state neutrality Paweł Polaczuk language of norms Arkadiusz Barut operative legal interpretation Lucie Olbrechts-Tyteca global law Marcin Matczak ethical-professional intuition animals egology postulate of criticism legal syllogism meaning subsidiarity principle political transition reflexivity of law ECHR judgements legal narrative

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