The criminal philosophy of the lights between the utilitarianism and retributive conception.
Main Article Content
Keywords
Illustration, penalty, justification, utilitarianism, retributivism, the social contract, Natural law, Legal positivism
Abstract
Through the analysis of criminal reflection of the main enlightened philosophers, the author wants to show different arguments that from those positions can be given to the use of the penalty as a State’s mechanism, pointing out how dissimilar starting points like utilitarianism and retributivism has served since the Illustration of the basis of modern criminal punishment, despite of such foundation is not always, as it has been tough, a desire of humanize punishment mechanism.
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