Culturally integrated concept of Punishment as Legal and Social Institution

• In Event: Penology panel

Abstract

Abstract :
I will present a concept of punishment as being a complex legal and social institution of a processual nature, and to illustrate this approach I analyze from that perspective some aspects of recent criminal law reforms in Poland. It enables critical examination of the punitiveness of the penal system, which can hardly be explained by its effectiveness or even by penal populism. In the study I use the following methods: historical legal, comparative legal, formal logical, dialectical, analytical, synthetical and inductive/deductive. The synthesis and triangulation of the methods follow the principles of culturally integrated social and legal studies. That approach was presented in the detailed form in my book General Penology, Vol. I, Criminal Punishment as a general category of legal and social institution (Warsaw University Press 2022), see also my article in Archives of Criminology Vol. XIV Issue 2/2023, Theoretical framework for an analysis of the recent criminal law in Poland (pp.213-242), fee access on line: https://e-bp.inp.pan.pl/collections/74fc16f7-9a28-4a65-8529-ae3f823ecb65

Author

• Jarosław Utrat-Milecki, University of Warsaw