Norm confirmation and identity balance: on the legitimacy of punishing

Abstract: “Why is the State allowed to punish?” This is the prominent question underlying every serious examination of criminal law. The author’s answer covers a broad range of fundamental legal issues. Following the republican idea of freedom, he conceives punishable wrongdoing as a violation of the duty to contribute to the maintenance of the legal system. In its practice of punishment, the legal community demonstrates the correlation between the performance of the citizens’ duty of cooperation and their enjoyment of personal freedom. Nevertheless, practitioners of criminal law cannot escape their responsibility for the hardships associated with the imposition of punishments. They cannot help but strive for a balanced relationship between their professional activities and their personal integrity. With its combination of arguments from the fields of philosophy and of the theory of crime, this article is the result of the author’s long-term examination of the fundamental issues of criminal law

Object Details

• Location: Deutsche Nationalbibliothek Frankfurt am Main
• Extent: Online-Ressource
• Language: Englisch
• Notes: Critical analysis of law. - 7, 1 (2020) , 1-50, ISSN: 2291-9732

Classification and Topics

• Classification: Philosophie

Contributors, Places and Time

• Event: Veröffentlichung
• (where): Freiburg
• (who): Universität
• (when): 2024
• Creator: Pawlik, Michael

Further information

• DOI: 10.33137/cal.v7i1.34018
• URN: urn:nbn:de:bsz:25-freidok-2601474
• Rights: Open Access; Der Zugriff auf das Objekt ist unbeschränkt möglich.
• Last update: 15.08.2025, 7:33 AM CEST