The Penitentiary Paradox. The Irresponsible Illegality of Italian Prisons
Journal title PARADIGMI
Author/s Susanna Marietti
Publishing Year 2011 Issue 2011/1
Language Italian Pages 7 P. 187-193 File size 259 KB
DOI 10.3280/PARA2011-001012
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The article aims at showing the gap presently existing between penitentiary practice and penitentiary legislation in Italy. Hence the paradox according to which the place destined to punish illegality becomes itself illegal, although nobody may be held responsible for this illegality. The author interprets the penitentiary paradox, with reference to the so-called "minimum penal law", as an exemplary attempt to deny the subordination of politics to law entailed in the constitutional democratic paradigm.
Keywords: Antigone association, Constitutional democracy, Jail, Illegality, Minimum penal low, Penitentiary system
Susanna Marietti, Il paradosso penitenziario in "PARADIGMI" 1/2011, pp 187-193, DOI: 10.3280/PARA2011-001012