Giovanni Fiandaca

Luigi Ferrajoli and the Criminal Law

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The author focuses on two aspects of Luigi Ferrajoli’s work on criminal law and criminal justice. On the one hand, there is Ferrajoli’s theory of criminal law (garantismo penale), which includes a theory of criminal offence, of punishment, and of interpretation in criminal law. On the other hand, we find Ferrajoli’s critical assessment of the reality of criminal law (first of all the Italian one) vis-à-vis the aforementioned theoretical model, as well as of populist trends in both criminal and criminal justice.


  • Criminal law theory –
  • Legal interpretation –
  • Penal populism


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