The Interchangeability of Perspectives Between the Victim and the Offender as an Element of Punishment

The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicat...

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Bibliographic Details
Published in:International journal for the semiotics of law = Revue internationale de sémiotique juridique 2014-06, Vol.27 (2), p.277-290
Main Author: Wojciechowski, Bartosz
Format: Article
Language:English
Subjects:
Applied Linguistics
Fundamentals of Law
Law
Law and Criminology
Legal History
Philosophy of Law
Theories of Law
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Summary:The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicative conditions of moral discourses assume that every participant of the argumentation process takes place in all spheres of social life and can assume the perspective common to all other participants. The main task of criminal law is, then, the protection of elementary aspects of one’s role as a participant of interaction without which the chain of mutual recognition and understanding could be freely and at any moment infringed by any given participant of interactions, i.e. the protection of such rights.
ISSN:0952-8059
1572-8722
DOI:10.1007/s11196-013-9350-9