Giustizia esemplare. Interlocuzione con il precetto penale e spunti di politica criminale

Translated title of the contribution: [Autom. eng. transl.] Exemplary justice. Interlocution with the criminal precept and ideas of criminal policy

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] Taking its cue from the criminal political dynamism introduced by John Braithwaite's "responsive regulation", the essay proposes a revisitation of the traditional theories of punishment according to a new "taxonomy" in which "absolute" and "relative" theories are not opposed - remuneration and prevention - on the one hand there are delineated systems and penal models of a 'repressive' matrix (retribution, deterrence, incapacitation, neutralization, function of cultural orientation entrusted to punishment) and, on the other, systems and penal models of dialogic matrix -consensual '(function of cultural orientation carried out by the penal precept, re-socialization, restorative justice). The appearance on the political-criminal scene of reparative practices and theories such as "responsive regulation" brings with it the predilection for what promotes voluntary compliance with the rules and the collaboration of citizens in the non-repressive prevention of crimes, accompanied by a criterion of real parsimony in the use of the sentence (especially the prison sentence). A criminal law that struggles from the negative sanction to condense on the crime and the precept seems to have to be expressed in the paradigmatic form of exemplarity. The philosophical paradigm of the "example", as proposed in particular in the studies of Alessandro Ferrara, is in this essay critically adapted to design a "responsive" criminal law. If the "examples" are "atoms of reconciliation" between being and having to be, between reality and normativity, the penal precept of a democratic, dialogic and responsive system should strive to take "exemplary" forms: that is, to be able to present itself to the recipients of the standard with exemplary validity. The thesis supported in this essay is, in short, that good criminal laws (precepts) must be able to speak to citizens in the way of "examples", capturing their consent because of their persuasive coherence and their motivating congruence.
Translated title of the contribution[Autom. eng. transl.] Exemplary justice. Interlocution with the criminal precept and ideas of criminal policy
Original languageItalian
Title of host publicationStudi in onore di Mario Romano
EditorsMARTA BERTOLINO, LUCIANO EUSEBI, GABRIO FORTI
Pages407-434
Number of pages28
Publication statusPublished - 2011

Publication series

NameUniversità Cattolica del Sacro Cuore - Milano - Istituto giuridico - Raccolte di Studi

Keywords

  • Crime policy
  • Esemplarità (filosofia politica)
  • Exemplarity (Political Thought)
  • Politica criminale
  • Responsive regulation
  • Teorie della pena
  • Theory of punishment

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