Traditions of Consequentialism and Retributivism in Criminal Punishment Theory: From Pre-Socratics to German Idealism

The study undertakes an examination of the philosophical and legal conceptions on criminal punishment as articulated by eminent philosophers and jurists from Antiquity through the zenith of German idealism. Employing historical-comparative, retrospective and analytical approaches, it traces the evolution of penal theories within their respective socio-political and intellectual environments. The analysis emphasizes the emergence of sophisticated philosophical reflections on the purpose, objectives and essence of criminal punishment in ancient Greek pre-Socratic thought, contextualizing them within mythological worldviews and prevailing ethical paradigms of the time. Particular emphasis is placed on the seminal contributions of Plato and Aristotle, whose doctrines have exerted enduring influence upon subsequent philosophical discourse and legislative praxis. The study elucidates the attribution of foundational status to Plato by proponents of both classical penological traditions and scientific positivism. Furthermore, it delineates distinctive features of medieval penological doctrines as formulated by representatives of patristics, scholastic and Thomistic schools. It also highlights the progressive ideas on criminal punishment introduced during Enlightenment and the early Modern period by notable educators, encyclopedists, utopian thinkers and pioneers of scientific utilitarianism. A critical analysis of the penal theories formulated by German classical philosophers – namely Immanuel Kant, Georg W. F. Hegel and Johann G. Fichte – is presented, with particular attention to refuting those prevailing interpretations that erroneously associate their absolute theories with the lex talionis or view them as philosophical justification for archaic retributive principles. In conclusion the article contends that, notwithstanding their historical origins, the absolute theories of punishment retain significant relevance in contemporary theoretical debates. Amid intensified controversies surrounding the dichotomy of absolute and utilitarian principles, as well as the intentions and components of criminal punishment, these theories provide robust logical frameworks that continue to inform and challenge prevailing penological paradigms.

Keywords: criminal punishment; philosophy of punishment; penology; theories of punishment; essence of punishment; grounds of criminal punishment; purposes of criminal punishment; absolute concepts of punishment; utilitarian concepts of punishment