¿Prisión o confiscación de valor?
A study of imprisonment and the way in which, in contemporary societies, it has become the punitive reaction par excellence to crime. Contrary to this trend, until about the 18th century, imprisonment had only a purpose equivalent to that of a precautionary measure like that now served by pretria...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2021
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8203788 |
| Source: | Ciencia jurídica, ISSN 2007-3577, Vol. 10, Nº. 19 (enero-junio 2021), 2021, pags. 21-52 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
A study of imprisonment and the way in which, in contemporary societies, it has become
the punitive reaction par excellence to crime. Contrary to this trend, until about the 18th century,
imprisonment had only a purpose equivalent to that of a precautionary measure like that now
served by pretrial detention. It would be the economic theories of value that would bring the
change of mentality from which imprisonment becomes the axis of the current punitive system. The
approach of monetarists, who can only legitimize punishment as equivalent to confiscation, differs
from subjectivist theories, which find a legitimizing basis, for example, in the prevention achieved
through the principle of utility. It is paradoxical that Adam Smith’s economic theories, which had
the greatest potential to explain the rationale for “payment through time confinement”, have been
ignored. This evasion can be explained by the fact that these theories were a kind of forbidden path,
of marked idealism, limiting knowledge, impermeable to any data of reality; something ill-advised
if what is sought is a legitimizing discourse of the prison sentence in unequal and neocolonialist
societies like ours. Our purpose is to inquire into the ideological elements from which the penalists
who naturalized confinement as a punishment drew their inspiration. |
|---|