Genesis of the concept of correctional punishment: From antiquity to modern times

Q3 Arts and Humanities
O. Yarmysh, O. Sokalska, Volodymyr Ye. Kyrychenko
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Abstract

The article examines the genesis of the idea of correctional punishment. The authors analyse the concepts and views on the purpose of punishing Plato, Roman lawyers, European humanists, as well as English prison reformers of the XVIII century. The relevance of this topic for domestic legal science is due to the ongoing transformation of approaches to determining the purpose of punishment, the revision of strategies in the field of punishments in foreign penology and the development of correctional policy, taking into account new goals. The era of correctional punishment, admittedly, was the XIX century. The basis of penitentiary discourse during this period was the belief that with the help of a proper prison regime, segregation, humane treatment and spiritual care, it would certainly be possible to correct convicts. Although the ideas of correctional punishment appear in ancient times and acquire their practical implementation in the medieval Christian tradition of European states, the idea of the primacy of English and American prison reformers in the establishment of penitentiary systems prevails in historiography. An unbiased analysis of knowledge systems and the rejection of the methodology of ideological bias allowed proving that the penitentiary systems of the XIX century only developed the models of prison discipline that began in previous periods. In fact, there was a revival of the ancient paternalistic concept of correctional punishment, supplemented by a religious doctrine that provided for the influence not on the body, but on the soul of the offender to repent, correct and, as a result, return to society. At the end of the XVIII century, the secular authorities adopted these disciplinary models. They will be most widely implemented in correctional and penitentiary houses in England during the prison reform of the 70s and 90s and will later become the basis for the formation of penitentiary systems that will be implemented in practice in most countries of the world during the XIX-early XX centuries
刑罚概念的产生:从古到今
本文考察了刑罚矫正观念的起源。作者分析了柏拉图、罗马法学家、欧洲人文主义者以及18世纪英国监狱改革家关于刑罚目的的概念和观点。这一专题与国内法律科学的相关性是由于考虑到新的目标,正在改变确定惩罚目的的方法,修订外国刑罚学中惩罚领域的战略和制定惩教政策。无可否认,惩教的时代是在十九世纪。这一时期监狱话语的基础是这样一种信念,即在适当的监狱制度、隔离、人道待遇和精神关怀的帮助下,肯定有可能纠正罪犯。虽然惩教的观念出现于古代,并在中世纪欧洲国家的基督教传统中获得了实际实施,但在历史编纂中,英美监狱改革者在建立监狱制度方面的首要地位的观念盛行。对知识体系的无偏见分析和对意识形态偏见方法论的拒绝,证明了19世纪的监狱系统只是发展了之前时期开始的监狱纪律模式。事实上,古代家长式的矫正性惩罚概念又复活了,辅以一种宗教教义,这种教义规定对罪犯的影响不是对身体,而是对灵魂,使其忏悔、纠正并最终重返社会。在十八世纪末,世俗权威采纳了这些学科模式。它们将在20世纪70年代和90年代的监狱改革期间在英国的惩教所和监狱中得到最广泛的实施,并将后来成为19世纪至20世纪初世界上大多数国家实践实施的监狱系统形成的基础
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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