Are there too many punishments? Around Douglas Husak’s concept of criminalization
Michał Peno
Katedra Teorii i Filozofii Prawa, Wydział Prawa i Administracji, Uniwersytet SzczecińskiAbstract
The author endeavours to make a critical reflection on the concept of criminalization as formulated by Douglas Husak. D. Husak’s views on criminal policy are presented in a wider philosophical context and juxtaposed with assumptions of basic critical trends in criminal law science. Also, some suggestions are formulated to supplement Husak’s concept, who points out, above all, when punishment should not be applied. A supplement to Husak’s idea is a somewhat perverse attempt to collect model situations, in which recognition of an act as a crime can be justified (which the author himself tried to avoid). In addition, the article attempts to combine the philosophy of law with criminal policy and indicates the need to take into consideration philosophical foundations of criminal law policy.
Keywords:
criminality, minimalism in criminal law, philosophy of criminal law, punishment, criminal responsibility
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Michał PenoStatistics
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