What are the Achievements of Theorising Punishment?

Abstract

The author elaborates on recent developments in the debates surrounding the justification of punishment, particular attention to how the traditional division between absolute and relative theories has been transcended. Special attention is paid to the integration of expressive theories into European theorising about punishment. While these concepts are not entirely new - having been previously discussed under different labels - the recent attempts integrate victims' interests into the debate may be viewed as a genuine innovation. Another question is whether these developments could have broader implications for the understanding and practice of criminal law. While shifts theoretical emphasis regarding punishment do not significantly impact the day-to-day operations of the judiciary penitentiary systems, these changes may have the potential to influence the criminal justice system over the long term.