While modern criminal law has largely been structured around established notions of individual responsibility, blame, punishment, and reparation, some of the most pressing challenges facing contemporary societies increasingly expose the limits of these categories. This introductory contribution presents the themes and common concerns that animate the essays collected in this thematic issue, namely the growing dissatisfaction with traditional penal paradigms and the search for alternative conceptions of punishment, responsibility, and justice capable of addressing structural injustice, environmental harm, social conflict, and emerging forms of accountability. At the same time, the article introduces the issue’s central problem: the tension between individual accountability and the systemic conditions within which wrongdoing and harm take shape. Situating these debates within a broader critical tradition that has questioned the relationship between law, violence, and justice, the contribution examines the opportunities and limits of criminal law as an instrument of social change and explores the extent to which contemporary legal institutions are capable of responding to harms that exceed traditional punitive frameworks.

Beyond the Traditional Grammar of Punishment / C. Magni, A.D.G.. - In: ETHICS IN PROGRESS. - ISSN 2084-9257. - 17:1(2026 Aug 03), pp. 4-19. [10.14746/eip.2026.1.1]

Beyond the Traditional Grammar of Punishment

A. De Giuli
Secondo
;
2026

Abstract

While modern criminal law has largely been structured around established notions of individual responsibility, blame, punishment, and reparation, some of the most pressing challenges facing contemporary societies increasingly expose the limits of these categories. This introductory contribution presents the themes and common concerns that animate the essays collected in this thematic issue, namely the growing dissatisfaction with traditional penal paradigms and the search for alternative conceptions of punishment, responsibility, and justice capable of addressing structural injustice, environmental harm, social conflict, and emerging forms of accountability. At the same time, the article introduces the issue’s central problem: the tension between individual accountability and the systemic conditions within which wrongdoing and harm take shape. Situating these debates within a broader critical tradition that has questioned the relationship between law, violence, and justice, the contribution examines the opportunities and limits of criminal law as an instrument of social change and explores the extent to which contemporary legal institutions are capable of responding to harms that exceed traditional punitive frameworks.
criminal law; individual responsibility; collective responsibility; structural injustice; social transformation; restorative justice; transformative justice; punishment
Settore GIUR-17/A - Filosofia del diritto
3-ago-2026
Article (author)
File in questo prodotto:
File Dimensione Formato  
Magni, C., De Giuli, A., & Battistoni, G. (2026). Beyond the Traditional Grammar of Punishment: An Introduction. ETHICS IN PROGRESS, 17(1), 4–19. https://doi.org/10.14746/eip.2026.1.1.pdf

accesso aperto

Tipologia: Publisher's version/PDF
Licenza: Creative commons
Dimensione 436.1 kB
Formato Adobe PDF
436.1 kB Adobe PDF Visualizza/Apri
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/1267576
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
  • OpenAlex 0
social impact