¿Por qué se debe penar? Günther Jakobs se pregunta qué posición ocupa el enemigo en el ordenamiento jurídico
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Böckenförde reviews two works concerning identical subject: the goal of punishment as seen from a legal-philosophical perspective. In a Hegelian sense, Jakobs defends that the end goal of punishment has a general deterrence nature: norm compliance and reassurance of the ruling of law. He particulary focus on the meaning of Punishment in Enemy Criminal law. Pawlik revisits the Hegelian notion of Punishment being an homage to the criminal as a rational subject. Therefore, he assures that, in the same sense a citizen can only find his freedom in Law, he finds legal limits (punishments) in order to guarantec his liberties.
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