Evolution of philosophical and legal ideas on the appropriateness of incentive norms in penal enforcement law

Abstract

Background. The work is aimed at comprehending the role of incentive norms in criminal-executive law from the point of view of their influence on the correction of convicts. The development of the idea of legal encouragement in both foreign and domestic legal thought is considered. Materials and methods. The author conducts a historical analysis of the evolution of philosophical and legal concepts related to the role of incentive norms in criminal-executive law, with the basic methods being comparative-legal, systemic analysis. The study turns to the theoretical foundations and reflection of ideas about legal encouragement in the works of leading thinkers from I. Bentham and C. Beccaria to modern scientists, revealing the importance of encouragement in the formation of lawful behavior. Results. The social significance and influence of the studied norms on the development of legal thought is emphasized, presenting an important step in understanding the goals and objectives of penal legislation, as well as the need for a balance between protective and encouraging norms. The importance of the application of encouraging norms in achieving the main goals and objectives of the criminal-executive legislation aimed at correction of convicts and prevention of committing new crimes is substantiated. Conclusions. The analysis shows that penitentiary incentive norms play a key role in penal enforcement law, because thanks to them convicts are motivated to active lawful behavior. It is revealed that penitentiary legal incentives need further improvement and modernization in order to expand the range of possibilities, improve their application in modern conditions, and adapt to the changing needs of society.

Keywords

• incentive norms
• encouragement in law
• penal law
• penal legislation
• philosophical and legal thought
• correction of convicts
• evolution