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The Basis of Punishment. The State’s Right to Punish

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  • Mariana Mitra-Nita

    (Ovidius University of Constanta, Romania)

Abstract

One of the three fundamental institutions of the criminal law is the sanction. It represents the right, and also the obligation of the state to intervene when a legal norm with a criminal character is violated. However, what is this right of the state to sanction? What is the origin of this right and what is its usefulness? These make up only a small part of the many questions that jurists and philosophers have raised throughout history, trying to objectively justify the basis of punishment. The reason for repression must consist not in the state’s desire for revenge, but in preventing in the future the commission of dangerous acts related to the most important social values, since, as Cesare Beccaria said, "it is more effective to prevent than to treat!" The need for punishment stems from the innate human instinct of conservation in order to preserve one's own species.

Suggested Citation

  • Mariana Mitra-Nita, 2021. "The Basis of Punishment. The State’s Right to Punish," RAIS Conference Proceedings 2021 0035, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:lpaper:0035
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    References listed on IDEAS

    as
    1. Ioan-Gheorghe Rotaru, 2016. "Plea for Human Dignity," Scientia Moralitas Journal, Scientia Moralitas, Research Institute, vol. 1(1), pages 29-43, December.
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    More about this item

    Keywords

    punishment; rule of law; prevention; preservation; crime;
    All these keywords.

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