A Study of Positive General Preventive Effect on Punishment from the Psychological Perspective

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  • 刑罰の積極的一般予防効果に関する心理学的検討
  • ケイバツ ノ セッキョクテキ イッパン ヨボウ コウカ ニ カンスル シンリガクテキ ケントウ

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This article considers the theory of positive general prevention from the psychological perspective. This theory assumes that the purpose of punishments is to maintain, recover or strengthen norm consciousness. First, can this theory legitimate the existence of penal system? According to some theories it can be affirmed, but according to the cognitive development theory the authoritative reaction by punishments may possibly cause a chilling effect and disturb the development of norm consciousness. Second, can this theory legitimate the harshening of punishments by new penal legislations? According to some studies, harshening punishments does not prove to be effective, and even according to the theories which can legitimate the existence of penal system, it is difficult to clarify how harsh the punishments should be to raise norm consciousness

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