O odpowiedzialności karnej, uzasadnieniu kary i koncepcji komunikacyjnej karania

• Authors: Peno Michał

Title variants

EN

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

• Languages of publication: PL

Abstracts

PL

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.

EN

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

PL

odpowiedzialność; uzasadnienie kary; komunikacyjna koncepcja karania

EN

responsibility; justification of punishment; theory of punishment as communication

• Publisher: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
• Journal: Archiwum Filozofii Prawa i Filozofii Społecznej
• Year: 2014
• Volume: 2(9)
• Pages: 95-107

Dates

published

2014-06-01

Contributors

author

Peno Michał

Notes

PL