Filosofía del mal y derecho: El castigo jurídico como respuesta al mal y el mal del castigo

This paper argues for the need to include the issue of evil in concerns about legal punishment and criminal justice. To develop this, (1) it explores the possible reasons why this discussion has been overlooked by contemporary philosophy, arguing that the main ones are (a) the idea that evil is an exclusively religious reflection or that it only makes sense as a theological concern, and (b) the idea that concern with evil necessarily leads us down anti-liberal paths. Then, (2) some of the basic approaches of the philosophical reflection on evil developed during the 20th century, when it was rehabilitated as a consequence of the atrocities that took place during the world wars. (3) Finally, it shows the potential of this literature in the reflection on punishment, especially in the awareness of the experiences of evil in our time and the need to confront it and provide an response.