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

31 Pages Posted: 30 Apr 2009

Date Written: April 29, 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.

Keywords: Theory of punishment, systems theory, constructivism, communication, penal pain

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: https://ssrn.com/abstract=1397055

Carlos Gómez-Jara (Contact Author)

Universidad Autónoma de Madrid ( email )

Campus Cantoblanco
C/Kelsen, 1
Madrid, Madrid 28049
Spain

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