DYSKURSYWNO-ETYCZNE UZASADNIENIE KARY KRYMINALNEJ
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Date
2006
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Wydział Prawa i Administracji UAM
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JUSTIFICATION OF A PUNISHMENT FOR A CRIMINAL ACT FROM A DISCOURSE AND ETHICAL POINT OF VIEW
Abstract
The author refers to the ethics of responsibility and the communicative approach to law and
on that basis outlines a concept of a mixed punishment in which the basic element of punishment is
the forfeiture by the criminal of a right to be recognised in a given society. A punishment is presented
as a result of a consensus between an individual and the society. A penal measure invalidates
a state of punishable lawlessness and therefore it restores social and legal relations of
recognition between individuals, and rescinds the common validity of laws within a given society,
thus making the state of being responsible for one's actions reasonable (sensible). In the author's opinion the aim of punishment is not only to make an individual to “pay off” for
the crime, to restore the proportionality, and to serve as a deterrent preventing other members of
the society from committing similar crimes, but its objective should also be to remove “disruptions
of social interactions”. The author believes that in a liberal democracy each subject which decides
to participate in an inter-subjective practice voluntarily submits to a normative system (including
the penal system) which constitutes that practice.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 3, s. 137-151.