| Article title |
Features of Western Legal Mindset (Based on «Oxford History of Prisons»)
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| Authors |
Krysiuk Yu.
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| Name of magazine |
Legal journal «Law of Ukraine» (Ukrainian version)
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| Issue |
11/2013
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Сторінки
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[336-341]
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| Annotation |
The paper covers the analysis of typical features of the legal mentality and legal awareness of the population of Western Europe. The author traced the development of views on crime, punishment and the principles of operation of the penitentiary system starting from the period of Roman law and up to the present. The philosophy of the school of natural law is shown to have a particular influence on the formation of the Western European approach to crime and punishment. The philosophical and pragmatic penology of Cesare Beccaria, one of the most well-known of its representatives is subject to the general principle of retributive justice, which requires punishment to follow a crime. The main and most effective means of restraining the growth of crime should be not a cruel punishment, but its inevitability. It is proved that the characteristics of the legal mentality of Western Europe have identified the perception of the prison as a socially important and necessary social institution, which has important public and civic functions. The most important among them are imprisonment, deterrence, maintenance of redemption and re-organization. |
| Keywords |
crime, punishment, prison, legal mentality, sense of justice, the prison system, Western Europe. |
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References
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