Format:
Online-Ressource (XIX, 267 p)
Edition:
Online-Ausg.] Brill Nijhoff E-Books Collections : Human Rights and Humanitarian Law ; International Law 2006-2008
ISBN:
9789004151499
Series Statement:
Nijhoff eBook titles 2006
Uniform Title:
Fundamento y finalidad del castigo. 〈engl〉
Content:
Preliminary Materials /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter I. Scope Of The Work /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter II. Punishment In General /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter III. Punishment In Law As A Reflection Of Its Coercive Character /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter IV. Punishment In Criminal Law. Differences With Deterrents /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter V. Punishment In Other Spheres Distinct From Criminal Law /M.J. Falcón Y Tella and Falcón Y Tella -- Chapter VI. Conclusions /M.J. Falcón Y Tella and Falcón Y Tella -- Bibliography /M.J. Falcón Y Tella and Falcón Y Tella -- Index /M.J. Falcón Y Tella and Falcón Y Tella.
Content:
This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment
Note:
English translation of: Fundamento y finalidad del castigo : un derecho a castigar?. Madrid : Marcial Pons
,
Includes bibliographical references (p. [221]-264) and index
,
Parallel als Druckausg. erschienen
Additional Edition:
ISBN 9789047418023
Additional Edition:
ISBN 9004151494 (acidfree paper)
Additional Edition:
ISBN 9789004151499 (acidfree paper)
Additional Edition:
Erscheint auch als Druck-Ausgabe Punishment and culture ISBN 9004151494(acid-freepaper)
Additional Edition:
ISBN 9789004151499(acid-freepaper)
Language:
English
Subjects:
Law
Keywords:
Strafrechtstheorie
;
Rechtsphilosophie
;
Strafe
DOI:
10.1163/ej.9789004151499.i-268
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