Justice as a Remedy and Aim in Correction and Resocialization of Convicted: Philosophical Thinking
Abstract
The article consists of two parts: in first part the content and forms of justice are analyzed through the prism of the legal philosophy, the connection of ethics and jurisprudence concerning the approach to justice is observed, the attempt is made to highlight justice as one of the grounds of law. In the history of appearing and development of the state and legal systems the question of justice was the main in assessing the activities of government and rulers during no less than the last five thousand years. In philosophy and philosophy of law justice is an object of the analyzing and assessment at least for two and a half thousand years. The authors trace the evolution of justice understanding from Socrates to the present day. The second part of the article is devoted to the problem of justice in the correction and resocialization of convicted for crimes commission and imprisoned in penitentiary institutions.The authors reject the formal-dogmatic approach to the execution of punishment when only one element of punishment – retribution -is actually protruded, and the other two – correction and resocialization –are formally presented only. To implement these two elements, it is necessary to shift the focus from the legal basis of correction and resocialization to psychological and pedagogical ones, and to provide an impact on the internal psychological (mental) side of convicted, realizing their guilt by themselves and encourage them to sincere repentance. In order for this to be achieved, it is necessary that punishmentand the regime of its serving be accepted as fairby convicted; and convicted should be instilled with a sense of justice as a penitential goal.
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