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Penal Law as Useful Law (Article)

‘’According to Bentham, in the frame of a founded Penal Law on principles of Democracy, the basis on which the evaluation of State for its right to impose punishment is generally something ‘’useful’’.’’ Thus, what is useful and should be protected is the protection of rights of social groups, within a more vast range of freedom of rest of society, in order to ensure balance, of social relationships, through protection of rights, which guarantee the function of state as democracy based on political institutions, which State governed by Law, has to protect, and hence social institutions deriving from them, thus balance ‘needs’ with ‘rights’ of all members of society, which in the frame of Penal Law, become legal values that represent the relative social values, within an hierarchy of them.

Thus, what is useful and should be protected is the protection of rights of social groups, within a more vast range of freedom of rest of society, in order to ensure balance, of social relationships, through protection of rights, which guarantee the function of state as democracy based on political institutions, which State governed by Law, has to protect and hence social institutions deriving from them, thus balance ‘needs’ with ‘rights’ of all members of society, which in the frame of Penal Law, become legal values that represent the social values, within a relative hierarchy of civil Status,.

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  • Category: General law
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