Complete the account of the theories of punishment.
Theories justifying punishment by the wrong already done are called ______ theories. Feuerbach's account of the threat of punishment as a form of psychological coercion is a theory of general ______ prevention. Article 25.2 of the Constitution orients custodial penalties towards re-education and social ______. Security measures rest not on guilt but on criminal ______.
Word bank: absolute · negative · reintegration · dangerousness · relative · positive
Hints
- The first blank contrasts with theories that justify punishment by what it achieves.
- Deterrence by threat is the negative branch of general prevention.
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Theories justifying punishment by the wrong already done are called absolute theories. Feuerbach's account of the threat of punishment as a form of psychological coercion is a theory of general negative prevention. Article 25.2 of the Constitution orients custodial penalties towards re-education and social reintegration. Security measures rest not on guilt but on criminal dangerousness.
The word absolute is a trap in translation: it does not mean unlimited, it means unrelated to consequences. Absolute theories are in fact the ones that impose the tightest ceiling, because desert has a maximum and social usefulness does not.
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