Theoretical framework for an analysis of the recent criminal law reforms in Poland
Theoretical framework for an analysis of the recent criminal law reforms in Poland
Author(s): Jarosław Utrat-MileckiSubject(s): Criminal Law, Penology, Penal Policy
Published by: Instytut Nauk Prawnych PAN
Keywords: punishment as a legal and social institution; processual nature of punishment; the potentiality of punishment; enforceability of punishment; full enforceability of punishment;
Summary/Abstract: In the article, I analyse certain aspects of recent criminal law reforms in Poland from the perspective of criminal punishment being a complex legal and social institution of a processual na- ture. It is intended to enable a critical examination of the punitiveness of the penal system, which can hardly be explained by its effectiveness or even by penal populism. In the study I use the following methods: historical legal, comparative legal, formal logical, dialectical, analytical, synthetical and inductive/deductive. The synthesis and triangulation of the methods follow the principles of culturally integrated social and legal studies (Królikowska, Utrat-Milecki 2010b).
Journal: Archiwum Kryminologii
- Issue Year: 2/2023
- Issue No: XLV
- Page Range: 213-242
- Page Count: 30
- Language: English
