| Autor: |
V. E. Lapshin, A G Vladimir State, V. V. Shakhanov |
| Rok vydání: |
2019 |
| Předmět: |
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| Zdroj: |
Institute Bulletin: Crime, Punishment, Correction. 13:9-14 |
| ISSN: |
2076-4162 |
| Popis: |
The penal system cannot be characterized as the evidence that does not require explanations and justifications. Like any other open system it is influenced by many external and internal factors. The degree and nature of this influence cannot always be known and explained by means of analytics of a theoretical level. Not all problematic issues can be presented in a practical way. A large heuristic potential lies in the methodological tools of the philosophical level, which according to the authors of the article did not receive wide use in understanding the essence of phenomena and processes reflecting the activities of the penal system. The philosophy of the penitentiary law is the metaphenomenal basis for activities in the penal sphere. The article discusses the traditional problems of the penal system, which can be investigated using philosophical and legal tools. Attention is drawn to the need to form the criminal-legal outlook of the Russian Federal Penal Service staff and an integrated legal thinking that is impossible without mastering the philosophical level of knowledge of law. No science can do without philosophical grounds since their role consists in shaping the interpretative schemes necessary for understanding the essence of knowable phenomena. The purpose of the article is to substantiate the need to introduce into the educational process the discipline “Philosophy of penal law” or to consider questions of the philosophy of penal law in the framework of other disciplines traditionally included in the curricula of higher educational institutions of the Federal Penal Service of Russia. Among the problematic issues that accompany the activities of the penal system, which can be most fully considered in the framework of philosophical and legal approaches, should be called the transition from the punitive function of the penal policy to protective and humanitarian; the necessity of moralizing penal law; dual penal legal policy; penal security; the limits of liberalization of penal policy, etc. |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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