Fondamento e funzione della pena nel pensiero di Francesco Carnelutti

Alessandro Diddi190-225

Abstract: Basis and Function of Punishment in Thought by Francesco Carnelutti
Francesco Carnelutti, at a certain point in his life, “after having explored for a long time the secrets of law in the civil process field” felt himself more and more fascinated by the “penal law enigma” and measured himself against issues related to punishment and to its juridical-philosophical grounds as well as, in particular, on the questions, not yet solved, about the reason why one punishes and how one should punish. The reconstruction of the Author’s thought, made through the re-reading of some of his numerous works, points out the surprising modernity of his observations and the originality of his proposals, which seem to be the load-bearing plot of some recent reforms of criminal law.