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: 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
Do you have negative results from your research you’d like to share?
Recommended Papers
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.