Communicative Retribution as a Constructivist Theory of Punishment - Penal Pain as a Communicative Artifact?
Universidad Autónoma de Madrid
April 29, 2008
InDret, Vol. 2, 2008
Theories of punishment accentuating its communicative dimension have soared for the past years, not only in Europe but also in the U.S. Some academics have criticized their inability to adequately explain the physical dimension of punishment, i.e., the so-called "penal pain". This essay aims at providing the foundations of a communicative theory of punishment based on constructivist epistemology which conceives of "penal pain" as a communicative artefact used by the legal system.
Number of Pages in PDF File: 31
Keywords: Theory of punishment, systems theory, constructivism, communication, penal painAccepted Paper Series
Date posted: April 30, 2009
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