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La justice corrective : éléments pour une théorie de la peine

Abstract : This dissertation provides a theory of punishment that is formulated by means of a conception of corrective justice. The concept of corrective justice and its corresponding conception draw on the ethical and moral theory of Aristotle. The corrective conception is meant to apply to the contemporary legal systems of France and the United States. As interpreted here, the principle of corrective justice argues that punishment is justified when and insofar as it tends to rectify a specific, inter-personal inequality resulting from a violation of the basic rights of the victim by the offender. Corrective justice thus pertains to the domain of interpersonal injustices. Aristotle was the first one to formulate the concept of corrective justice in Book V of the Nicomachean Ethics. It was also Aristotle who, for the first time, made a connection between the norms of corrective justice and the practice of punishment. The corrective conception takes its distance from the two main alternative conceptions of punishment, which are based on the idea of distributive and retributive justice. Neither of these two latter conceptions views the relationship between the individual victim and the individual offender as normatively prior; nor do they see basic rights as necessary and sufficient grounds for punishing. Seen from a corrective standpoint, penal justice is strictly located at the level of the relationship that connects the offender to his or her victim. Unlike its main contenders, corrective justice is deeply anchored in a bilateral justificatory structure. The suffering of the offender advocated by retributive conceptions or the existence of socially beneficial effects defended by distributive theories can arguably be interpreted or explained as side-effects of legal punishment, but they cannot offer a normative basis for punishing.
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Contributor : Hélène Saint-Gal Connect in order to contact the contributor
Submitted on : Wednesday, April 20, 2022 - 2:21:35 PM
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  • HAL Id : tel-03647327, version 1



Andrei Poama. La justice corrective : éléments pour une théorie de la peine. Science politique. Institut d'études politiques de Paris - Sciences Po, 2015. Français. ⟨NNT : 2015IEPP0023⟩. ⟨tel-03647327⟩



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