Dos tesis de H.L.A. Hart sobre responsabilidad y castigo: 50 años después
In this paper we make a critical assessment of some claims made by H.L.A. Hart in his book Punishment and Responsibility. Particularly, two specific theses on responsibility and punishment are addressed: the primacy of liability thesis and the mixed character of the justification of punishment thesi...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6711286 |
| Source: | Derecho PUCP: Revista de la Facultad de Derecho, ISSN 2305-2546, Nº. 81, 2018 (Ejemplar dedicado a: Derecho Penal: Aspectos Actuales de la Dogmática y la Política Criminal), pags. 9-46 |
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| Summary: |
In this paper we make a critical assessment of some claims made by H.L.A. Hart in his book Punishment and Responsibility. Particularly, two specific theses on responsibility and punishment are addressed: the primacy of liability thesis and the mixed character of the justification of punishment thesis. We introduce both theses and we analyze their explanatory potential through scrutiny of criticisms they have faced. |
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