La penalistica del dopoguerra e le sfide della Costituzione repubblicana. Qualche considerazione sul problema del metodo e il fine della pena

The article provides some considerations on how the Italian criminal law doctrine reacted to the enactment of the 1948 Constitution, with a specific focus on the issues of methodology and purpose of punishment. After a phase of indifference towards the values embedded in the Constitution, the debate on the opportunity to perpetuate the technical legal method or to overcome it was enriched as well as complicated by the impact of those same values. In so doing, the methodological discourse inevitably affected theoretical positions on the rationale of punishment and the interpretation of art. 27 of the Chart.