Modelli della giustizia e ruolo del carcere

Abstract

The paper aims to offer even non-legal readers a comprehensive overview of the cultural importance of moving beyond a view of punishment that remains largely anchored to the idea of retributive correspondence: an idea that has been the legal paradigm of human relations for millennia, forming the basis of the very logic of conflict and war. To this purpose, the text illustrates the political and criminal reasons for abandoning a model of criminal punishment based on the role of prison, also in relation to developments in the aims pursued through the trial and the judge's task of determining the form of response to the crime in a programmatic and projectual way.