Description

• Title:
  Libertariańska teoria kary i samoobrony
• Creator:
  Wójtowicz, Stanisław
• Description:
  The libertarian theory of punishment is based on the restitution principle and the mirror principle.The former states that the perpetrator should compensate for the harm caused to the victim.The latter states that the perpetrator forfeits his or her rights to the extent that he or she hasdeprived another person of theirs. Both in determining damages as well as in imposing mirrorpunishment the principle of proportionality must be followed. Thus, the appropriate libertarianpunishment for a rights violation is a combined punishment which includes both rectificationand mirror punishment. The libertarian theory of punishment sets an upper limit on punishmentbut there is no obligation on victim to impose the maximum penalty. The victim is thesole disposer of the punishment; it is up to the victim to decide whether the punishment is to becarried out and whether it should take the maximum permissible amount. When the victim isdead and has left no disposition as to the application of the mirror punishment, the punishmentcan be applied by a third party. In analyzing the libertarian theory of self-defense, we shouldtake into account both the mirror principle and the principle of gentleness, which states that thedefending party should use the least amount of violence necessary to provide effective protection.A situation where a victim is unable to use an adequate amount of violence and can eitherforego defending themselves or use a disproportionate amount of violence poses an interestingchallenge for libertarian theory and requires further analysis.
• Object availability:
  free access
• Rights:
  Prawa autorskie (c) 2021 Dialogi Polityczne
• Date:
  2021.04.13
• Type:
  info:eu-repo/semantics/article;
  info:eu-repo/semantics/publishedVersion;
  Artykuł naukowy
• Language:
  Polish
• Source:
  Political Dialogues; No. 30 (2021); 165-186;
  Dialogi Polityczne; Nr 30 (2021); 165-186;
  1730-8003
• Format:
  application/pdf
• Publisher:
  Uniwersytet Mikołaja Kopernika w Toruniu
• Relation: https://apcz.umk.pl/DP/article/view/DP.2021.009/28727
• Subject:
  libertarianizm;
  kara;
  samoobrony;
  restytucja;
  retrybucja;
  proporcjonalność
• Identifier: https://apcz.umk.pl/DP/article/view/DP.2021.009
• Data provider:
  Akademicka Platforma Czasopism
• Can I use it?:
  seek permission
• Type:
  text