The Philosophical Vision of Legal Punishment

Virginia Zaharia () and Veronica Pozneacova ()
Additional contact information
Virginia Zaharia: PhD. Moldova State University, Faculty of Law, Department of International and European Law
Veronica Pozneacova: 3rd-year student, Faculty of Law Moldova State University, Chisinau, Republic of Moldova

Chapter 73 in World Lumen Congress 2021, 2022, vol. 17, pp 723-736 from Editura Lumen

Abstract: The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.

Keywords: crime; punishment; re-education; criminal; philosophy (search for similar items in EconPapers)
JEL-codes: K4 K42 (search for similar items in EconPapers)
Date: 2022
ISBN: 978-1-910129-32-6
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://proceedings.lumenpublishing.com/ojs/index. ... article/view/729/755 (application/pdf)
https://proceedings.lumenpublishing.com/ojs/index. ... ngs/article/view/729 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:lum:prchap:17-73

DOI: 10.18662/wlc2021/73

Access Statistics for this chapter

More chapters in Book chapters-LUMEN Proceedings from Editura Lumen
Bibliographic data for series maintained by Antonio Sandu ().