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PENAL LAW Translation of Book in Penal Law-Part 23

-The Social Necessity of Punishment as term and condition for its legalization

Mill, Beccam : The Theories of Utilitarianism and theory/philosophy of damage (also relative terms of damage as general are 'harm/injury')

Translator of text of Writer as such:

We've thus seen that protection of legal values as final purpose of Penal Law, is concluded and defined from its 'grasp' as order of external world and environment (society) However the today concept and formulation on meaning of penal power and authority, the 'ius puniendi' has not been at all self-understood.

The ideas and concepts of Enlightment (era of Elucidation to else say, 18th century A.C in Europe) have contributed in a determining and decisive way, the way these ideas had been formulated and expressed in Legal Task of Beccaria On Crimes and Punishment. According to Beccaria (in 1764 A.C), punishment should only be permitted if it's socially necessary and indispensable, only when it's necessary for social freedom and prosperity of all members of society. However this punishment, rather the kind of punishmenr in each case, should not be decided by any Monarch, in states of regiment of Absolutism, and later in states of Republic, State of Law, as such, through demoractic one, but this necesssity is always expressed from citizens and their consent. For sake of this, everyone concedes part of his/her own freedom and prosperity for the sake of freedom and prosperity of other members of society.

That's why we say that freedom and propserity as social values, hence legal values under terms and conditions of Law, that actually rules and defines point of balance each time, between freedom (and prosperity) of each one, who on his/her own side grants the relative corresponding rights, social rights, that under (above terms and conditions of Law) should become legal rights, that represent and express and corrspond to legal values. (It continues)..

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