Per un'umanizzazione del diritto penale: rileggendo (il saggio "Sul valore morale della pena" di) Antonio Pigliaru

The essay Saggio sul valore morale della pena written by Antonio Pigliaru is a reference to the humanization of criminal law, that is to consider that the absolute protagonist of the penal question, from the moment in which the rule of law is set to the moment in which the punishment is executed, is always the man. From this becomes, in addition to a correlation between law and ethics, one subjective conception of criminal law, with function of guarantee, and a vision open to aims of punishment, between retribution and rehabilitation. The crime is, in his vision, social break, denial of staying in society and of social values, but to the culprit is offered the possibility of a spiritual regeneration and of a reentry in the social consortium. Among the many sparks for thoughts, the more intensive message which the lecture of the Pagliaru’s essay leaves us is the idea of a criminal law in which citizens find the sense of what is right and not only of what is convenient.