Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Punishment In Law As A Reflection Of Its Coercive Character

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The traditional type of penal sanction is punishment. Punishment or sanction derives from the obligatory nature of the law and refers as much to the plane of coercion as to the plane of the imperative. The Classic School defends punishment, as against the Positivist School, which favours the deterrents. Dualism signifies the existence of two ways, via which the judge should impart justice. One is based on the guilt of the individual (punishment), and the other is founded on his danger to society (deterrents). The dualist system, or double way, is based on the fact that both means of combating crime, punishment and deterrents, should apply accumulatively with preference given punishment. Monist systems attempt to give a united response to the question of punishment or deterrents.

Keywords: deterrents; dualism; law; monist systems; plane of coercion; positivist school; punishment



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Punishment and Culture — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation