Individualizarea judiciară a pedepselor prin raportare la concepția lui John Austin despre aplicarea principiului utilității în formarea jurisprudenței

Abstract

The purpose of the article is to contribute to the efforts to formulate general guidelines to help judges in the process of individualization of punishment. In order to achieve this objective, the forms of individualization of punishment and the purposes of the punishment are analyzed. The need to harmonize the stages of individualization and the need to preserve the purposes of the law in the judicial process of individualization of punishment are expressed. Given that the provisions of the law regarding the individualization of punishment are synthetic, it is proposed to supplement them with the ethical principle of utility in the way that jurist and philosopher John Austin presents it in the courses he taught as a law professor at the University of London in the 19th century. In order to provide an applied character of the ideas presented, a case from judicial practice is analyzed to which the essential ideas of the article are related.