Abstract

PARMIGIANI, Matías. The Consensual Theory of Punishment at the Crossroads. Ideas y Valores [online]. 2021, vol.70, n.175, pp.95-115.  Epub May 20, 2021. ISSN 0120-0062.  https://doi.org/10.15446/ideasyvalores.v70n175.69502.

In the present article I aim to show that the meaning of the first concept (social protection), as well as the Kantian concept (consent) becomes truly intelligible only when we manage to read Nino’s penal theory in the light of his own ethical theory. Thus, on the hypothesis that this is indeed the best possible reading, the strategy tried out by Nino will have to face a difficult crossroads: either adopt a concept of social protection that will definitely displace the notion of consent from the justifying plane where the theory operates; or embrace a broader idea of protection where the notion of consent finds a less uncomfortable place. As will be argued, none of the alternatives is without its problems.

Keywords : C.S. Nino; punishment; consent; penalty; social protection.

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