State, Society, and Individuals: the dimensions of punitive power

Abstract

Punitive power is considered as something that concerns the State, without taking society or individuals much into account: who exercises it actually? The purpose of this article is to discuss the dimensions of punitive power, according to three possible answers that emphasize the role of the State, society, and the individuals, adopting an expository methodology of conceptions that defend each of these perspectives. We will argue that, although we can recognize in individual action the immediate practical role, it is in social and state actions that we can better identify its meaning, as what makes punishment a specific act distinct from crime. In the end, with this approach, we hope to make clear why punitive power is best understood as a kind of symbolic power, which emerges from an interaction between individuals in institutions until legitimizing itself in state power.