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El castigo como medida de reordenamiento social. Una aproximación a la teoría de John Locke
Journal
Open Insight
ISSN
2395-8936
Date Issued
2021
Author(s)
García Castillejos, María José
Type
Resource Types::text::journal::journal article
Abstract
Within the framework of the theory of punishment, it is consistent to defend Locke as a consequentialist author and at the same time as a radical defender of natural rights. In Locke’s philosophy, the right to punishment is a natural and instrumental ius whose function is to preserve the rights, also natural, to life, liberty and wealth. Based on Lockean philosophy, I will state that the determination of punishment must primarily consider the fault: restitution and retribution for crimes against material goods, and deterrence for offenses against freedom and life. Forgiveness, in none of its manifestations, can meet these objectives.