Crime, Character, and the Evolution of the Penal Message

IF 0.7 Q2 LAW
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引用次数: 0

Abstract

Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment.

犯罪、性格和刑法信息的演变
摘要 学者们将刑罚描述为社会与罪犯之间的道德对话,既涉及罪犯的罪行,也涉及罪犯的性格。然而,在刑事诉讼的不同阶段,刑罚信息如何与犯罪和品德相对应,却一直没有得到充分的理论研究。本文以沟通理论为基础,探讨了从判刑、入狱到假释的整个刑罚过程中犯罪与品行之间的相互关系。我们认为,在刑罚对话过程中,犯罪与品德之间的关系通过三个阶段以动态的方式演变:犯罪与品德的分离(判刑)、融合(监狱)和再分离(假释)。所提议的分析发展了刑罚过程的交流意义,为刑罚管理机构的工作提供了规范性解释,并探讨了我们提议的规范性分析在刑罚管理中的应用。
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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
24
期刊介绍: Rationale The philosophy of crime and criminal law has been undergoing a renaissance.Increasing numbers of lawyers and philosophers are researching, writing and teaching in the area. Lawyers who are exploring theoretical issues related to criminal liability and punishment find that they must turn to philosophy. Philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Until recently, there was no journal solely devoted to the philosophy of crime and criminal law. Criminal Law and Philosophy fills this gap, and provides a platform for the high quality work that is being done in this area. High quality content; specific and inclusive in scope Criminal Law and Philosophy aims to publish high quality articles that take a philosophical perspective on any issues in the broad field of crime and punishment. The main areas and topics include: crime and criminalization; the content, principles and structure of substantive criminal law; criminal justice and the criminal process; punishment and sentencing. The journal is inclusive in its scope: it publishes articles with a historical focus on earlier philosophical discussions of crime and punishment, as well as articles with a more contemporary focus. It seeks contributions from a range of philosophical schools and approaches, in particular both from analytically oriented philosophers and from those who draw more on contemporary continental philoshophy. Readership Criminal Law and Philosophy is becoming essential reading for academics in philoso phy, in law and in criminology who take a philosophically informed critical, analytical or normative approach to the criminal law and criminal justice. It is also an important resource for students in those subjects, and for practitioners with an interest in philosophical approaches to their practice. Through this journal, readers can access the latest thinking by the best scholars in the philosophy of crime and punishment. Editorial Board The editors, editorial board and advisors constitute an impressive, international group of leading scholars working in the philosophy of crime and punishment. They represent a variety of systems of criminal law, including systems that cross national boundaries.
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