Punire o premiare? Le nuove sfide del sistema sanzionatorio: opportunità e limiti delle sanzioni positive

Sanctions are intended to regulate behavior, either by repressing deviant actions or rewarding virtuous ones. After providing an overview of the concept of negative sanction and the main theories of punishment, this paper focuses on analyzing positive sanctions and their impact on the sanctioning paradigm. This essay aims to analyze the advantages and disadvantages associated with the use of positive sanctions, considering their potential and risks. In particular, it will reflect on the implications that positive sanctions can have on the sanctioning system and the legal system as a whole, using concrete examples.