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Abstract

Recognition of human dignity and respect for fundamental human rights cannot be restricted to a single category of human beings. The idea that anyone could be considered non-persona, to whom an “Enemy criminal law” may be applied, is incompatible with an ultima ratio liberal notion of criminal law. The humanisation of criminal law is manifested in the growing number of contemporary societies that have abolished or limited the death penalty. Nevertheless, life or long-term imprisonment sentences still prevail, and are on the rise, despite lacking theoretical or philosophical justification in the laws that prescribe them. In this article we will attempt to answer various questions regarding a possible justification for life imprisonment. Different theories will be examined regarding the goals of sentencing in order to determine, on discussing each theory, whether it is possible to justify life imprisonment or other long-term incarceration.

Translated title of the contributionPrisión perpetua y dignidad humana
Original languageEnglish
Pages (from-to)193-211
Number of pages19
JournalRevista Republicana
Issue number30
DOIs
StatePublished - 1 Jan 2021

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • General prevention
  • Life sentence
  • Retributionpsychosocial development stages
  • Special prevention

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