La pena 'in castigo'. Un'analisi critica su regole e sanzioni

Translated title of the contribution: [Autom. eng. transl.] The punishment 'in punishment'. A critical analysis of rules and sanctions

Claudia Mazzucato, Ilaria Marchetti

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The central theme of the volume revolves around the question of punishment and the search for methods of adherence to the rules based on consensus and motivation: a jurist, with experience in the world of minors and criminal mediation, and a sociologist of 'education. Despite the different disciplinary perspectives, the two authors, guided by the same ideal, meet in a sort of 'two-part reflection'. In Part I, Claudia Mazzucato, a lawyer, draws the long journey of criminal law towards democracy, the regulatory value of civil life and a desirable point of reference also for crime control activities. It is not, in fact - the author maintains - the repression, with ever more severe penalties, to make a society safe; it is the criminal precepts that collect citizens' consent by activating dynamics of voluntary respect for the law. Indeed, the penalty - the 'dark' part of the criminal law - often ends up being more akin to the crime to be opposed rather than to the behavioral precept of which it would like to reiterate the validity. A credible prevention of crimes refers, therefore, to a consensus-oriented criminal policy: that is, democratically capable of using the 'brightness' of behavioral precepts to lead citizens to forms of convinced legality, and capable of replacing the inhumane suffering of being conveyed from the punishment, a human being busy, in the reparation of the consequences of the crime and in the free assumption of commitments in favor of the victims. In Part II, Ilaria Marchetti, a sociologist, moves from an analysis of educational systems and models used over time as a response to transgression, highlighting the controversial relationship between punishment and the learning processes of social rules. The survey reveals how punitive consequences to deviance rarely lead to repentance; almost never the threat of punishment builds regular behavior; if anything, it determines 'regulated actions', without autonomy. Yet social systems continue to entrust their task of educating and their function of preventing deviant behavior to punishment. In light of these considerations, the sociologist's study goes into a "pars construens". Once the risks of responses played now with the brute force of a penalty are highlighted, now with the inertia of a cruel laxity, it hopes for a new, demanding but hopeful path: the search for spontaneous adherence to social rules, through the care of regulatory socialization processes.
Translated title of the contribution[Autom. eng. transl.] The punishment 'in punishment'. A critical analysis of rules and sanctions
Original languageItalian
PublisherVita e Pensiero
Number of pages274
ISBN (Print)8834312880
Publication statusPublished - 2006

Publication series

NameUniversità - Diritto - Ricerche

Keywords

  • criminal law and democracy
  • criminal precept and sanction
  • diritto penale e democrazia
  • precetto penale e sanzione
  • punishment and correction in education
  • punizione e castigo in educazione
  • teorie della pena e politica criminale
  • theory of punishment

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