ARGUMENT ZE STRACHU – ROBERTA NOZICKA UZASADNIENIE ODPOWIEDZIALNOŚCI KARNEJ
THE ARGUMENT OF FEAR – ROBERT NOZICK’S LIBERTARIAN CONCEPT OF THE JUSTIFICATION OF CRIMINAL RESPONSIBILITY. THE PURE RETRIBUTIVE CONCEPT OF PUNISHMENT

Summary/Abstract: In the article I wish to present an interpretation of the Nozick’s concept of punishment. It can be easily known, that Nozick’s approach is strongly connected with the libertarian philosophy of the state and its function. Prima facie, libertarianism as the political philosophy can be seen as too radical, particularly from the lawyers point of view. In fact, the libertarian concept of punishment is clearly retributive. However It is worth to remember, that libertarianism in the criminal law can be treated as the smart way of justification of punishment. Libertarianism seeks to find a harmony between the social necessity of the practice of punishment and an individual freedom. The harmony can be achieved by virtue of proper principles of criminal policy. Only the so called malum per se should be punished and the only way of justification of the punishment in such cases is our fear of pain (as the result of crime).

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