hrcak mascot   Srce   HID

Review article
https://doi.org/10.3935/zpfz.69.3.04

Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems

Michał Peno   ORCID icon orcid.org/0000-0001-9905-3783 ; Faculty of Law and Administration, University of Szczecin, Szczecin, Poland

Fulltext: english, pdf (306 KB) pages 411-432 downloads: 370* cite
APA 6th Edition
Peno, M. (2019). Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems. Zbornik Pravnog fakulteta u Zagrebu, 69 (3), 411-432. https://doi.org/10.3935/zpfz.69.3.04
MLA 8th Edition
Peno, Michał. "Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems." Zbornik Pravnog fakulteta u Zagrebu, vol. 69, no. 3, 2019, pp. 411-432. https://doi.org/10.3935/zpfz.69.3.04. Accessed 25 Jul. 2021.
Chicago 17th Edition
Peno, Michał. "Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems." Zbornik Pravnog fakulteta u Zagrebu 69, no. 3 (2019): 411-432. https://doi.org/10.3935/zpfz.69.3.04
Harvard
Peno, M. (2019). 'Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems', Zbornik Pravnog fakulteta u Zagrebu, 69(3), pp. 411-432. https://doi.org/10.3935/zpfz.69.3.04
Vancouver
Peno M. Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems. Zbornik Pravnog fakulteta u Zagrebu [Internet]. 2019 [cited 2021 July 25];69(3):411-432. https://doi.org/10.3935/zpfz.69.3.04
IEEE
M. Peno, "Philosophy of Punishment: Normative Models and Construction Principles of Legal Systems", Zbornik Pravnog fakulteta u Zagrebu, vol.69, no. 3, pp. 411-432, 2019. [Online]. https://doi.org/10.3935/zpfz.69.3.04

Abstracts
The paper attempts to examine a philosophy of punishment in the normative perspective and to penetrate the structure of the fundamental premises and theses of retributivism. Punishment concepts are discussed in relation to two contexts and types of expressions formulated in the philosophy of punishment – normative and descriptive. The former are a matter of axiology and normative models, whereas the latter constitute a description of existing systems of criminal responsibility. The considerations are centred on a retributive model. The model of retributivism involves normative premises and consists in seeing these premises not as unconditionally binding directives, but as optimization rules, a kind of prima facie duty. These are mainly the quasi-legal duties of the state considered from the point of view of criminal policy. Retributivism can be seen as a set of norms (rules) for constructing legal system. The core of the paper consists in outlining such a concept. The inspiration for it was provided above all by the ideas of the Polish legal theory, R. Dworkin, W. D. Ross and R. Alexy, and modern retributivists.

Keywords
principles; structure of retributivism; prima facie obligations; punishment; rules for constructing legal systems

Hrčak ID: 222629

URI
https://hrcak.srce.hr/222629

[croatian]

Visits: 778 *