Ley penal, delito y pena como comunicación

Klaus Günther

doi:10.5354/0718-4735.2021.64052

Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Criminal law, crime and punishment as communication

Authors

Klaus Günther Goethe-Universität Frankfurt am Main, Alemania

No. 34 (2021): Primer Semestre

https://doi.org/10.5354/0718-4735.2021.64052

Abstract

The paper reinterprets classical approaches to punishment as communication. First, it analyses the origins of punishment understood as censorship, which is confronted with the instrumentalism of preventive intervention. Then, it points out that the communicative character should not be limited to punishment as a reaction to crime but should be extended to it and to the criminal law derived from democratic procedures. Finally, Habermas contributions to the theory of speech acts are analysed. These are applied to the normative structure underlying the intersubjective relations of criminal law.

Keywords:

Criminal law, communication, speech act, hard treatment, rational discourse

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Günther, K. (2021). Criminal law, crime and punishment as communication. Revista De Estudios De La Justicia, (34), 59–78. https://doi.org/10.5354/0718-4735.2021.64052

Criminal law, crime and punishment as communication

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