Justice and suffering. The aim and consequences of punishment. A philosophical investigation of the aim and consequences of punishment in the case of Italian legislation and prison practices.

Abstract

This work explores the philosophical and legal justifications for punishment, with a special focus on the Italian criminal system and the contradiction between its constitutional emphasis on rehabilitation and the harsh realities of its prisons. It first compares retributivist and consequentialist theories, and argues that rehabilitation offers a stronger ethical foundation for punishment than retribution. The principle of rehabilitation, as it is enshrined in Article 27 of the Italian Constitution, is then examined against the backdrop of overcrowded, inhumane prison conditions that go against the goal set by the Constitution. The work further considers alternative approaches to counter the harsh reality of Italian prisons, such as restorative justice and therapeutic jurisprudence, advocating for a shift towards less punitive, more rehabilitative penal practices.