'Doing Sanctions with Words': Legacy, Scope, Fairness and Future (?) of a Reprimand

International Journal of Law, Language & Discourse Vol. 6.1 (2016): 29-36

8 Pages Posted: 8 Dec 2016

See all articles by Tomas Berkmanas

Tomas Berkmanas

Vytautas Magnus University, Faculty of Law

Date Written: January 15, 2016

Abstract

The paper aims at presenting a short analytical expose of a phenomenon of a reprimand as a matter of the legal process and, more specifically, the specific – linguistic – way of punishing. The main underlying issue raised in the analysis is the question that could we still ‘do sanctions with words’ in law and, in particular, the penal one after the critique of the inherence of psychological violence, paternalism and even primitivism in this approach to the process of punishing? Skipping the vast historical background, the research proceeds with more theoretical and current relevant analysis of the linguistic-performativityrich and persisting ‘reprimandish’ nature of law. The juxtaposition of this nature, with the contemporary tendencies of the insisted reforms in the fields of crime control and the system of punishments allow presenting with the perspective/future of a reprimand as the part of a broader linguistic and educational process/project of changing a criminal and whole society. The research concludes with the underlying idea that the transformation of the system of law and, especially, the field of punishments from affecting primarily the body, to affecting primarily the mind, requires reconsideration, and in such instances as that of a reprimand, rehabilitation of the overall linguistic performativity of law and its socio-holistic educational role.

Keywords: Reprimand, Legal Sanction, Punishment, Criminal, Linguistic Performativity

Suggested Citation

Berkmanas, Tomas, 'Doing Sanctions with Words': Legacy, Scope, Fairness and Future (?) of a Reprimand (January 15, 2016). International Journal of Law, Language & Discourse Vol. 6.1 (2016): 29-36, Available at SSRN: https://ssrn.com/abstract=2881570

Tomas Berkmanas (Contact Author)

Vytautas Magnus University, Faculty of Law ( email )

Jonavos str. 66
Kaunas, LT-44191
Lithuania
370-37-751044 (Phone)

HOME PAGE: http://law.vdu.lt/

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