Table of Contents -- Preface -- Chapter I Scope of the Work -- 1 From the Most Abstract to the Most Concrete -- 2 An Interdisciplinary Approach -- Chapter II Punishment in General -- 1. Punishment in Legal Science -- 1.1 Definition of Punishment. Elements -- 1.1.1 Existence of Suffering, Displeasure, Pain or Evil -- 1.1.2 Existence of a Previous LegaI Offence -- 1.1.3 Punishment Must Be Inflicted Upon the Author of theOffence. Punishment of the Innocent as a Form ofVictimization -- 1.1.4 Punishment Must Be Intentionally Inflicted (In Contrast to Repentance) by Human Beings (In Contrast to DivinePunishment) Who Are Distinct From the Offender (In Contrast to Self-punishment) and By The Institutionalized Authority to Punish (In Contradistinction to PrivateVengeance) -- 1.1.5 Desert as an All-encompasing Concept of Merit - Positive- and Its Negative Version - Demerit - as a Justificationfor Punishment. Can We Speak of Punishment as Reward? -- 1.2 Criminology's Contribution to the Theory of Punishment. TheCriminal as Patient. Punishment as Intervention -- 1.3 Legal Anthropology -- 2 Punishment in Psychiatry and Psychology -- 2.1 Crime as Deviant Conduct -- 2.2 Punishment as the Deliberate Imposition of Pain -- 2.3 Guilt as a Symptom of Depression. Anti-psychiatry -- 2.4 Passions and Psychological Mechanisms Fuelling Punishment -- 2.4.1 Psychological Ambivalence Surrounding the Punishmentof Others. The Contributions of Norbert Elias and PetrusCornelis Spierenburg -- 2.4.2 Emile Durkheim and Adam Smith: Resentment -- 2.4.3 Friedrich Wilhelm Nietzsche, George Herbert Mead andSigmund Freud. The Contribution of Psychoanalysis -- 2.5 The Power of Punitive Rituals as Creators and Manipulators of Emotions -- 2.6 Stanley Milgram's Experiment -- 3 Punishment in Sociology -- 3.1 Crime as a Normal and Positive Phenomenon in Sociology.

3.2 Punishment and the Family -- 3.3 Punishment as a Bureaucratized and Rationalized Process (Michel Foucault and Max Weber) as Opposed to Its Being Conceived as aII Passionate for Vengeance" Phenomenon (Emile Durkheim) -- 3.4 Punishment and Culture: Mentality and Sensitivity influencethe Penal System and Are Influenced by It -- 4 The Philosophy of Punishment -- 4.1 Justification of Punishment -- 4.2 The Goal of Punishment -- 5 Punishment and Its Basis in Political Economy Following the Neo-Marxist Tradition -- 5.1 Marxist Theory in General -- 5.2 Neo-Marxist Theory, especially that of Georg Rusche, Kirchheimer, Eugenii Bronislavovich Pashukanis, Douglas Hayand Michaellgnatieff -- 6 Punishment in Pedagogy, Punishment and Education -- 7 Punishment and the Theory of Communication -- 8 Punishment in Literature -- 8.1 Crime and Punishment by Fyodor Dostoyevsky -- 8.2 A Clockwork Orange by Anthony Burgess -- 9 Punishment in Theology -- 9.1 The Criminal as a Bad Person Who Needs Reforming -- 9.2 The Christian Religion: Between Punishment and Pardon. The Biblical Teachings -- 9.2.1 The Old Testament -- 9.2.2 The NewTestament -- Chapter III Punishment in Law as a Reflection of Its Coercive Character -- 1 The Heteronomous Nature of Law as a "Presupposition" of Coercion -- 2 "Differences" between the Concepts of Coercion and Imperativeness -- 3 The Coercive Nature of Law as "a Distinguishing Feature" between Law, Ethics and Customs -- 3.1 Coercion in Law -- 3.2 The Weight of Guilt Upon the Conscience and Otherworldly Punishments in Morality -- 3.3 Social Group Exclusion in Customs -- 4 Coercive "Content" -- 4.1 The Law's "Obligatory" Efficacy as Primary Content -- 4.2 The Law's "Punishment" Efficacy as Secondary and SubsidiaryContent -- 5 Main "Types" of Punishment -- 5.1 Punishment and Deterrents.

5.1.1 At the "Conceptual" Level, Dualist and Unitary Theoriesof the Relation Between Punishment and Deterrents. TheConceptual Difference and the Ever Greater Fusion-in-Practice of the Two Types of Punishment -- 5.1.2 Different Systems of "Carrying Out" Punishment and Deterrents -- A Dualist Systems -- B Monist Systems -- C The Vicarious System -- 5.2 Reparations -- Chapter IV Punishment in Criminal Law. Differences with Deterrents -- 1 Historical Analysis and Main Typology -- 1.1 Evolution of Punishment -- 1.1.1 From Punishment as Inflicting Pain to Punishmentas Deprivation of Rights: Life - Capital Punishment -- Freedom - Prison -- and Property - Fines -- 1.1.2 From Capital Punishment to Prison. The AbolitionistDebate. Arguments For and Against Capital Punishment -- 1.1.3 From Prison to Fines -- A Arguments For and Against Prison. The Tendency to Shorten Prison Sentences -- B Arguments For and Against Fines -- 1.2 Deterrents. From the Classical to the Positivist School -- 2 A Different Concept of Law -- 2.1 Punishment: Statism. Logical Aspects. Foundation. The Why. Justification. The Plane of "Ought-To-Be": "Why Should Punishment Exist?" Normativism -- 2.2 Deterrents: Dynamism. Teleological Aspects. The Goal. The"What-For'~ The Explanation. The Plane of "Being": "What Do Deterrents Exist for?" Naturalism -- 3 Foundation or Justification -- 3.1 The Questions: "Whether to Punish, Why, When and How to Punish, Forbid and Judge" -- 3.1.1 Is It Necessary to Punish? -- A Negative Answer: The Abolitionist Systems -- B Positive Answer: Justificationary Systems -- 3.1.2 Why Is It Necessary To Punish? -- A Internal Legitimation - "prohibitum quia peccatum': "obmalum passionis" -- B External Legitimation - "peccatum quia prohibitum': "obmalum actionis" -- 3.1.3 How to Punish. Types of Crimes and Punishments -- 3.1.4 When Is It Necessary To Punish?.

A Retribution in Punishment -- B Danger in Deterrents. Post-crime Measures as Opposedto Pre-crime Measures -- 3.2 The Justification Question in Punishment and in Deterrents -- 3.2.1 Punishment -- A Free Will -- B Guilt as a Value Judgment -- C Imputability and Moral Responsibility -- D Justice -- a Corrective and Equitable Justice: Reparations -- b Retributive Justice: Why Should the Offender Be Punished? -- 1 Formal Retribution: For the Crime Committed -- 2 Reciprocity: Because One Must Pay for One's Own Crimes -- 3 Condemnation: Because It Is Deserved -- 4 Guarantee: To Give Honest People the Assurance that They Will Not Be the Only Ones Who Must Respect the Law -- E The Crime Considered Objectively, As an Infraction ofthe Legal Norm -- F Suffering as a Good, with Intrinsic Value in Itself -- G Maximum Right to Punish Systems -- H The Fusion Law-Morality -- I Crime as Sin -- 3.2.2 Deterrents -- A Determinism and Social Necessity -- B Dangerousness as a Probability Judgment -- C Responsibility or Social Necessity -- D Utility. Utilitarianism Ex Parte Populi, as Opposed to Utiliarianism Ex Parte Principis. Security -- E The Subjective Aspect: The Offender. Crime in Its Social Aspect as a Breach of Social Order -- F Suffering as a Means to the Good -- G Minimum Right to Punish Systems -- H The Fusion Law-Nature -- I Crime as Disease -- 4 Function and Aim -- 4.1 Punishment and "Retribution" -- 4.1.1 Varieties of Retribution -- A There Exists an Intrinsic Good in Making the Guilty Suffer -- B A Renewed Balance Is Struck between Benefits and Charges -- C Punishment Annuls the Evil Caused, Restoring the Status Quo and Social Balance -- D Punishment Presupposes Reprobation -- 4.1.2 The Ideas of Repression, Expiation, Revenge, malumpassionis. Lex Talionis, Repaying One III w ith Another. Differences between Retribution and Revenge.

4.1.3 The Backward Glance - punitur quia peccatum est. The Vergeltungstrafe -- 4.1.4 The Reconciliation of Retribution with Modern Liberal Theories, as a Guarantee of Proportionality and asLegality Principle over and against the Arbitrary Nature of Absolutism, and as but one Function of the Punishment which to a Certain Extent Is Always Necessary -- 4.2 Deterrents and "Prevention" -- 4.2.1 The Idea of Security -- 4.2.2 The Forward-Looking Glance, so that the Criminal Should Not Transgress Again - punitur ut ne peccetur. The Zweckstrafe -- 5 Main Jurisprudential Theories -- 5.1 Punishment and "Absolute Theories". Punishment as an End in Itself -- 5.1.1 "Divine" Retribution -- 5.1.2 "Moral" Retribution. Immanuel Kant: Punishment as a Moral Necessity and as a Categorical Imperative -- 5.1.3 "LegaI" Retribution. Georg Wilhelm Friedrich Hegel: Punishment as a Logical Necessity of the Dialectic Method. The Synthesis between a Thesis (the Law) and Its Antithesis (the Crime), the Negation of the Negation ofthe Law -- 5.1.4 Francis Herbert Bradley's Retributionism -- 5.1.5 Contractualist Retributionism -- 5.1.6 Other Retributionist Theories -- 5.2 Deterrent and "Relative Theories" Deterrents as a Means to an End -- 5.2.1 General Deterrence Theories -- A The Goal of the Greatest Security for the Greatest Number of Non-Offenders: To Punish Less -- B Main Jurisprudential Theories -- a "Negative" General Deterrence, General Intimidation. Do Punishments Really Deter? Main Modalities -- 1 Intimidation by "Threat" -- 2 Dissuasion by "Example". The Exemplary Punishment -- b "Positive" General Deterrence, Generic, Stabilizingor Integrating, Tending to Achieve Cohesion and Social Solidarity -- C Main Representatives of These Theories -- a The "Psychological" Theory of Johann Paul Anselm Feuerbach -- b Jeremy Bentham: The Panopticon as a Global Institution.

c Emile Durkheim.