What has become of the new social defense?
Sizaire, Vincent
What has become of the new social defense? - 2017.
82
The development of the logic of security-based punishment, which is manifested by punitive power having an increasingly large and inflexible influence over citizens, invites us to wonder about the contemporary legacy of the new social defense and its calls for the moderation and humanization of punishment. Such an approach invites us to think of the new social defense as a real penal humanism, all of whose dimensions and implications need to be restored. This humanism is a demanding one, applying just as much to the definition and implementation of criminal policy as it does to the theory and practice of criminal law. From this point of view, the influence of the new social defense on our punitive system is ambiguous. Undoubtedly, the humanist inheritance of our penal model is questioned by the logic of security-based punishment. But, because they have acquired a higher legal force, its principles stand out from it, paradoxically consolidated as pillars of the democratic penal order.
What has become of the new social defense? - 2017.
82
The development of the logic of security-based punishment, which is manifested by punitive power having an increasingly large and inflexible influence over citizens, invites us to wonder about the contemporary legacy of the new social defense and its calls for the moderation and humanization of punishment. Such an approach invites us to think of the new social defense as a real penal humanism, all of whose dimensions and implications need to be restored. This humanism is a demanding one, applying just as much to the definition and implementation of criminal policy as it does to the theory and practice of criminal law. From this point of view, the influence of the new social defense on our punitive system is ambiguous. Undoubtedly, the humanist inheritance of our penal model is questioned by the logic of security-based punishment. But, because they have acquired a higher legal force, its principles stand out from it, paradoxically consolidated as pillars of the democratic penal order.
Réseaux sociaux