ON THE REASONS OF PUNISHMENT. IN ANSWER TO MY CRITICS

Abstract

In my book Las razones de la pena, I panoramically expose the central ideas that build the theories of justification of punishment. This, through an internal analysis of each theory, along with the contextualization of their implications in our society and the revisions of the eclectic proposals of them. In this context, four academics, in accordance with their fields, have chosen different aspects of the perspective addressed in order to deepen some specific points of my proposals and, from there, develop critiques. In this way, in the following work, I respond to those critiques, which are basically linked to: (I) restorative justice and the process of continental criminal proceeding; (II) the tension between determinism and free will; (II) the justification of punishment in the area of taxation; and (IV) the method in legal dogmatic and theory of law.