Any act of affliction caused to the human being has always required substantiation. That is why it has always been sought to give a specific justification to punishment understood as a general legal and social practice and a case – based, specific action. The reasons for punishment, while discussed on specific case basis, always draw on general axiological foundations of the society, reflections on the good and the evil, morality, rationality, rightfulness, the vision of the human being and social order. Reflections on punishment, and specifically on criminal punishment, merge several general questions on the human being and society, and such discussions have been present since time immemorial in religion, in writings of philosophers and messages of artists. However, systematic penological studies developed as a result of attempted reforms of criminal justice system and of the execution of penalties undertaken but in 18th century. The aim of the reformers was to replace the punishment practice based on retaliation rhetoric with rational ideals of social rehabilitation and crime prevention. Their postulated and implemented changes aimed at grounding a rationally devised, comprehensive criminal and penitentiary policy on those enlightened foundations. The works of the 18th century reformers of criminal law and prison system – Cesare Beccaria, John Howard or Benjamin Bentham, to name but a few symbolical figures, were essentially sociological and philosophical penological studies, even if the expression itself was not used at that time. Only later, did dogmatic works prevail over reforming reflections of social and philosophical nature. Modern dogmatics, which for the sake of research balance, saw the need to set separate social studies of punishment, i.e. future penology, developed particularly from the works by Anzelm Feuerbach, dated at the turn of the 18th and 19th century. Penology, as a separate field of investigation and lecture, has also been shaped by practical discussions on the organization of the execution of penalty of imprisonment. Such reflections were pursued within prison studies carried out since the beginning of the 19th century, and studies on practical programs of influencing the convicted, which was an emerging idea at that time. These studies were later jointly named with the expression of penitentiary sciences. We may assume that in modern times, as in the Antiquity (e.g. in works by Plato and Aristotle) social and philosophical reflections on punishment preceded practical discussions on criminal law and on procedures and rituals of punishment execution. Historically, punishment was first studied as social phenomenon and philosophical dilemma, and penology became a separate field of research and of lecture only as a result of the emergence of specialist discussions in criminal law dogmatics and practically oriented penitentiary studies. It was but due to the development and institutionalization of the science of (dogmatic) criminal law and to the professionalization of penalties (imprisonment) execution, together with the subjugation of the process, at least partially, to scientific rigor, that the need appeared to separate penology as a subject of research and lecture. Since then any research on punishment as social phenomenon and philosophical dilemma would be carried out as but one more contribution to general social, philosophical and legal thinking, and more and more often stimulated by the needs of modern science of criminal law and penitentiary system. Modern science of criminal law, together with criminal policy and penitentiary science, which were in the 19th century emerging disciplines, needed solid theoretical grounds built on the accumulated knowledge of social sciences, legal sciences and humanities, institutionalized at that time at universities. Such knowledge was, to some extent, provided through lectures and publications of penology - a more or less distinct field of study since approximately half of the 19th century, and through the lecture of dogmatic criminal law and prison sciences.
However, since the end of the 19th century the influence of penology on criminal law became somehow limited due to the rapid development of positivist studies in etiology and phenomenonology of crime, i.e. in criminal anthropology and criminology. While those sciences had an important impact on the functioning of justice and its specific institutions, including the development of punishment organizational forms, they did challenge the very ideological foundations and the rationality of criminal punishment discourse, and thus the identity of penology. They grew in influence in the between – war period, and became dominant in three post war decades, which had significantly impaired the development of penology. The dominant positivist paradigm weakening in the seventies of the 20th century had a negative impact on the condition of criminal and penitentiary policies as they were loosing solid scientific foundation. According to theoreticians, since that time, penal sciences have been undergoing a serious cognitive and political crisis and loosing unequivocally established legitimacy. Such condition has contributed to the revival of penological studies and thinking since the end of the 20th century.
In Poland, the first handbook of criminal law had been written in 1830, Warsaw University by Romuald Hube, and it discussed criminal punishment from penological perspective, i.e. as a social institution (prison). Its substantiation and duration was eclectically associated with Hegelian dialectical science of the nature of social life and the State, interpreted in the context of catholic thinking, on the one hand, and with practical considerations on criminal and penitentiary policy, in the spirit of Cesare Beccaria and John Howard, on the other. At a later date, many prominent Polish scientists integrated penological questions into their lectures on criminal law. We may quote here such figures as Stanisław Budziński, professor at the Warsaw School of Economics (known also in humanities as the translator of works by Goethe, Schiller, Pushkin and Lermotov), Wacław Makowski, professor at Warsaw University and senator of the Second Polish Republic. Yet, we should mention first of all Juliusz Makarewicz, the most prominent Polish representative of the criminal law science in the 20th century, a leading co – author of the Polish Criminal Code of 1931 (named also Lex Makarewicz). Makarewicz wrote a penological work on historical and anthropological genesis of criminal law institutions, entitled “Einführung in die Philosophie des Strafrechts auf Entwicklungsgeschichtlicher Grundlage” and published in Stuttgart in 1906. Its Polish translation was published only in 2010, after more than one hundred years since its first German edition. Some would consider the edition date of this penological study as the beginning of the independent modern penology in Poland.
In Anglo – Saxon literature, the beginnings of penology as scientific discipline are associated with two distinct tendencies. Firstly, its development is thought to be stimulated by the reformist, humanitarian penitentiary thinking, and John Howard as a key figure. Secondly, its emergence is considered to stem from the development of modern criminal and penitentiary policy based on liberal utilitarianism, which aimed at the establishment of the foundations for socially and economically rational management of the society. In common view, the leading representative of the approach was Jeremy Bentham. In Germany, the genesis of penology is associated with the 19th- century prison reform program, on the one hand, and with the contemporary development of legal, criminal, anthropological and historical studies on the genesis of criminal law institutions, mainly of various organizational forms of punishment, including the penalty of imprisonment.
The very name penology appeared in scientific literature in the first half of the 19th century (not later than in 1838). Then, social-philosophical as well humanistic reflections on punishment became visibly autonomous in subject and methodology from the dogmatics of law and from practical prison studies. As a result, penology was more and more defined as including, for the purpose of research subject (punishment as social phenomenon) and for the purpose of academic lecture, various so- defined social and philosophical studies on criminal punishment. In some countries, such studies were resulting mainly from penitentiary reforms (e.g. England), in others, like Poland, from the lecture of criminal law, deeply rooted in social, historical and philosophical context. In Germany, they took an intermediate dimension and concerned mostly the history of criminal institutions of both substantive criminal law and of prisons. Independently of different shifts in the area of focus, the definition of the subject matter of penology became more and more refined: it pertained to criminal punishment as social institution and its different research levels (historical, sociological, legal, philosophical and penitentiary) which laid grounds for its methodology. Studies on criminal punishment as social institution carried out from historical - social perspective or philosophical - social perspective, or sociological, penitentiary - legal perspective, were defined as penological ones. The starting point of such research, whether these were theoretical generalizations on prison reforms, or social – philosophical general reflections on the evolution of punishment, criminal liability and sentence in substantive criminal law, was of secondary and minor importance for the identity of the discipline,. especially that the lecture on penology might be subject to a greater subject refinement, depending on the direction of scientific thinking. Within different research angles, it took the form of either theoretical, social and philosophical research on the notion of punishment, a sociological analysis of the institutions of justice, the historical description of penal ideals and criminal law institutions, or the interpretation of theoretical foundations for specific organizational forms of punishment and the measurement of their effectiveness in socio – criminological and penitentiary – pedagogical aspect. In historical terms, the scope and forms of institutionalization of penological topics as lectures and publications distinct from criminal law and prison sciences, remained heterogeneous and took different dynamics in different Western countries.
Penology – oriented studies were also included in several Polish works on criminal law, starting with the first Polish systemic lecture on criminal law by R. Hube, already mentioned in the paper, while the very name “penology” was finally adopted in Polish science of criminal law to define the studies of punishment as social institution only by Bronisław Wróblewski, who published in 1926, in Vilnius, two–volume work entitled “Penology: Sociology of Punishment”.
Any act of affliction caused to the human being has always required substantiation. That is why it has always been sought to give a specific justification to punishment understood as a general legal and social practice and a case – based, specific action. The reasons for punishment, while discussed on specific case basis, always draw on general axiological foundations of the society, reflections on the good and the evil, morality, rationality, rightfulness, the vision of the human being and social order. Reflections on punishment, and specifically on criminal punishment, merge several general questions on the human being and society, and such discussions have been present since time immemorial in religion, in writings of philosophers and messages of artists. However, systematic penological studies developed as a result of attempted reforms of criminal justice system and of the execution of penalties undertaken but in 18th century. The aim of the reformers was to replace the punishment practice based on retaliation rhetoric with rational ideals of social rehabilitation and crime prevention. Their postulated and implemented changes aimed at grounding a rationally devised, comprehensive criminal and penitentiary policy on those enlightened foundations. The works of the 18th century reformers of criminal law and prison system – Cesare Beccaria, John Howard or Benjamin Bentham, to name but a few symbolical figures, were essentially sociological and philosophical penological studies, even if the expression itself was not used at that time. Only later, did dogmatic works prevail over reforming reflections of social and philosophical nature. Modern dogmatics, which for the sake of research balance, saw the need to set separate social studies of punishment, i.e. future penology, developed particularly from the works by Anzelm Feuerbach, dated at the turn of the 18th and 19th century. Penology, as a separate field of investigation and lecture, has also been shaped by practical discussions on the organization of the execution of penalty of imprisonment. Such reflections were pursued within prison studies carried out since the beginning of the 19th century, and studies on practical programs of influencing the convicted, which was an emerging idea at that time. These studies were later jointly named with the expression of penitentiary sciences. We may assume that in modern times, as in the Antiquity (e.g. in works by Plato and Aristotle) social and philosophical reflections on punishment preceded practical discussions on criminal law and on procedures and rituals of punishment execution. Historically, punishment was first studied as social phenomenon and philosophical dilemma, and penology became a separate field of research and of lecture only as a result of the emergence of specialist discussions in criminal law dogmatics and practically oriented penitentiary studies. It was but due to the development and institutionalization of the science of (dogmatic) criminal law and to the professionalization of penalties (imprisonment) execution, together with the subjugation of the process, at least partially, to scientific rigor, that the need appeared to separate penology as a subject of research and lecture. Since then any research on punishment as social phenomenon and philosophical dilemma would be carried out as but one more contribution to general social, philosophical and legal thinking, and more and more often stimulated by the needs of modern science of criminal law and penitentiary system. Modern science of criminal law, together with criminal policy and penitentiary science, which were in the 19th century emerging disciplines, needed solid theoretical grounds built on the accumulated knowledge of social sciences, legal sciences and humanities, institutionalized at that time at universities. Such knowledge was, to some extent, provided through lectures and publications of penology - a more or less distinct field of study since approximately half of the 19th century, and through the lecture of dogmatic criminal law and prison sciences.
However, since the end of the 19th century the influence of penology on criminal law became somehow limited due to the rapid development of positivist studies in etiology and phenomenonology of crime, i.e. in criminal anthropology and criminology. While those sciences had an important impact on the functioning of justice and its specific institutions, including the development of punishment organizational forms, they did challenge the very ideological foundations and the rationality of criminal punishment discourse, and thus the identity of penology. They grew in influence in the between – war period, and became dominant in three post war decades, which had significantly impaired the development of penology. The dominant positivist paradigm weakening in the seventies of the 20th century had a negative impact on the condition of criminal and penitentiary policies as they were loosing solid scientific foundation. According to theoreticians, since that time, penal sciences have been undergoing a serious cognitive and political crisis and loosing unequivocally established legitimacy. Such condition has contributed to the revival of penological studies and thinking since the end of the 20th century.
In Poland, the first handbook of criminal law had been written in 1830, Warsaw University by Romuald Hube, and it discussed criminal punishment from penological perspective, i.e. as a social institution (prison). Its substantiation and duration was eclectically associated with Hegelian dialectical science of the nature of social life and the State, interpreted in the context of catholic thinking, on the one hand, and with practical considerations on criminal and penitentiary policy, in the spirit of Cesare Beccaria and John Howard, on the other. At a later date, many prominent Polish scientists integrated penological questions into their lectures on criminal law. We may quote here such figures as Stanisław Budziński, professor at the Warsaw School of Economics (known also in humanities as the translator of works by Goethe, Schiller, Pushkin and Lermotov), Wacław Makowski, professor at Warsaw University and senator of the Second Polish Republic. Yet, we should mention first of all Juliusz Makarewicz, the most prominent Polish representative of the criminal law science in the 20th century, a leading co – author of the Polish Criminal Code of 1931 (named also Lex Makarewicz). Makarewicz wrote a penological work on historical and anthropological genesis of criminal law institutions, entitled “Einführung in die Philosophie des Strafrechts auf Entwicklungsgeschichtlicher Grundlage” and published in Stuttgart in 1906. Its Polish translation was published only in 2010, after more than one hundred years since its first German edition. Some would consider the edition date of this penological study as the beginning of the independent modern penology in Poland.
In Anglo – Saxon literature, the beginnings of penology as scientific discipline are associated with two distinct tendencies. Firstly, its development is thought to be stimulated by the reformist, humanitarian penitentiary thinking, and John Howard as a key figure. Secondly, its emergence is considered to stem from the development of modern criminal and penitentiary policy based on liberal utilitarianism, which aimed at the establishment of the foundations for socially and economically rational management of the society. In common view, the leading representative of the approach was Jeremy Bentham. In Germany, the genesis of penology is associated with the 19th- century prison reform program, on the one hand, and with the contemporary development of legal, criminal, anthropological and historical studies on the genesis of criminal law institutions, mainly of various organizational forms of punishment, including the penalty of imprisonment.
The very name penology appeared in scientific literature in the first half of the 19th century (not later than in 1838). Then, social-philosophical as well humanistic reflections on punishment became visibly autonomous in subject and methodology from the dogmatics of law and from practical prison studies. As a result, penology was more and more defined as including, for the purpose of research subject (punishment as social phenomenon) and for the purpose of academic lecture, various so- defined social and philosophical studies on criminal punishment. In some countries, such studies were resulting mainly from penitentiary reforms (e.g. England), in others, like Poland, from the lecture of criminal law, deeply rooted in social, historical and philosophical context. In Germany, they took an intermediate dimension and concerned mostly the history of criminal institutions of both substantive criminal law and of prisons. Independently of different shifts in the area of focus, the definition of the subject matter of penology became more and more refined: it pertained to criminal punishment as social institution and its different research levels (historical, sociological, legal, philosophical and penitentiary) which laid grounds for its methodology. Studies on criminal punishment as social institution carried out from historical - social perspective or philosophical - social perspective, or sociological, penitentiary - legal perspective, were defined as penological ones. The starting point of such research, whether these were theoretical generalizations on prison reforms, or social – philosophical general reflections on the evolution of punishment, criminal liability and sentence in substantive criminal law, was of secondary and minor importance for the identity of the discipline,. especially that the lecture on penology might be subject to a greater subject refinement, depending on the direction of scientific thinking. Within different research angles, it took the form of either theoretical, social and philosophical research on the notion of punishment, a sociological analysis of the institutions of justice, the historical description of penal ideals and criminal law institutions, or the interpretation of theoretical foundations for specific organizational forms of punishment and the measurement of their effectiveness in socio – criminological and penitentiary – pedagogical aspect. In historical terms, the scope and forms of institutionalization of penological topics as lectures and publications distinct from criminal law and prison sciences, remained heterogeneous and took different dynamics in different Western countries.
Penology – oriented studies were also included in several Polish works on criminal law, starting with the first Polish systemic lecture on criminal law by R. Hube, already mentioned in the paper, while the very name “penology” was finally adopted in Polish science of criminal law to define the studies of punishment as social institution only by Bronisław Wróblewski, who published in 1926, in Vilnius, two–volume work entitled “Penology: Sociology of Punishment”.