Retribute, prevent, or repair? A particular development of the modern concept of punishment
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Abstract
This essay points out a peculiar development of contemporary punishment theories that results from the criticism of the principles of the Enlightenment in criminal law. We will first discuss the theoretical proposal by Günther Jakobs and we will highlight the linkage with Hegel's ideas on punishment. We will then account for the grounds of the crisis of the principles of the Enlightenment, such as retribution and proportionality between offence and sanction, and we will address Jakobs's theory of punishment as "prevention-integration".
Keywords
- Criminal Law
- Prevention
- Retribution
- Jakobs
- Hegel
- Enlightenment
- Legally Protected Interest
