Regulatory and Legal Aspects of Penality

Abstract

The distinction between regulation and law is a fairly recent manifestation of a broader distinction between two modes of governance, police and law, the roots of which can be traced back to the origins of the conceptualization of governance in ancient Greece in terms of economic heteronomy within the private sphere of the household and political autonomy within the public sphere of the agora. Reframed and deepened in this way, the distinction between regulation and law can play a role in the critical analysis of the state's penal power.

Keywords: regulation, law, legal theory, police, autonomy, heteronomy, criminal law, penal law, punishment

JEL Classification: K14, K30