Communicative Retribution as a Constructivist Theory of Punishment - Penal Pain as a Communicative Artifact?

Gómez-Jara, Carlos

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Communicative Retribution as a Constructivist Theory of Punishment - Penal Pain as a Communicative Artifact?

Carlos Gómez-Jara

Universidad Autónoma de Madrid

April 29, 2008

InDret, Vol. 2, 2008

Abstract:
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 pain

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Date posted: April 30, 2009

Suggested Citation

Gómez-Jara, Carlos, Communicative Retribution as a Constructivist Theory of Punishment - Penal Pain as a Communicative Artifact? (April 29, 2008). InDret, Vol. 2, 2008. Available at SSRN: http://ssrn.com/abstract=1397055

Contact Information

Carlos Gómez-Jara (Contact Author)

Universidad Autónoma de Madrid ( email )

Campus Cantoblanco
Madrid, Madrid 28049
Spain