Carlos Orozco

The Function of Penal Law and the Function of Prison in the Work of Alessandro Baratta

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The question about the function of law is fundamentally a sociological problem. Its emergence in the conscience of science and its established as social fact in the experience of the researchers constitute two different moments in the same process of realization of the objective spirit. This is a question formulated recently because in the theory of the law (Kelsen, Bobbio) has always remained irrelevant and confused with the goals of the law. The function of law is the social integration (Parsons) or the social immunity (Luhmann). But in the work of Baratta, the function of law is also the legitimation of marginalization.

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