The fall of a guaranteed culture in the production of law
This contribution intends to follow the "red thread" of a gradual and constant "devaluation" (in Spain) of the alleged guarantor paradigm of prison criminality. Despite the constitutionalization (in 1978) of the status of persons deprived of liberty, such devaluation has been occ...
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| Language: | English |
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Oñati International Institute for the Sociology of Law
2025-07-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/2031 |
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| author | Iñaki Rivera |
| author_facet | Iñaki Rivera |
| author_sort | Iñaki Rivera |
| collection | DOAJ |
| description | This contribution intends to follow the "red thread" of a gradual and constant "devaluation" (in Spain) of the alleged guarantor paradigm of prison criminality. Despite the constitutionalization (in 1978) of the status of persons deprived of liberty, such devaluation has been occurring both in the field of law production and at the time of its interpretation and application. But in the last decade, this devaluation or reduction of the rights of prisoners has not only been accentuated, but a progressive process of "administrativization of penitentiary law" seems to have become naturalized which, by way of regulating the most important aspects of the life of prisoners (isolation, coercive restraints, penitentiary work, etc.), in simple ministerial orders, prison administration circulars and daily practices, has been demonstrating a marked departure from the principle of legality and the rule of law. This Paper investigates all this through the dramatic example of the so-called "mechanical restraint" of prisoners. This trend nullifies the democratic sense of punishment, its parliamentary debate, its judicial control and returns to a "prison autonomy" that must be investigated. |
| format | Article |
| id | doaj-art-780bdc8a3ef44f63b8b91b66f4bdb397 |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2025-07-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-780bdc8a3ef44f63b8b91b66f4bdb3972025-08-20T03:34:45ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-07-011541162118410.35295/osls.iisl.20312832The fall of a guaranteed culture in the production of lawIñaki Rivera0https://orcid.org/0000-0001-7035-4267Universidad de BarcelonaThis contribution intends to follow the "red thread" of a gradual and constant "devaluation" (in Spain) of the alleged guarantor paradigm of prison criminality. Despite the constitutionalization (in 1978) of the status of persons deprived of liberty, such devaluation has been occurring both in the field of law production and at the time of its interpretation and application. But in the last decade, this devaluation or reduction of the rights of prisoners has not only been accentuated, but a progressive process of "administrativization of penitentiary law" seems to have become naturalized which, by way of regulating the most important aspects of the life of prisoners (isolation, coercive restraints, penitentiary work, etc.), in simple ministerial orders, prison administration circulars and daily practices, has been demonstrating a marked departure from the principle of legality and the rule of law. This Paper investigates all this through the dramatic example of the so-called "mechanical restraint" of prisoners. This trend nullifies the democratic sense of punishment, its parliamentary debate, its judicial control and returns to a "prison autonomy" that must be investigated.https://opo.iisj.net/index.php/osls/article/view/2031prisondevaluation of rightsmechanical restraintsdemocratic culture |
| spellingShingle | Iñaki Rivera The fall of a guaranteed culture in the production of law Oñati Socio-Legal Series prison devaluation of rights mechanical restraints democratic culture |
| title | The fall of a guaranteed culture in the production of law |
| title_full | The fall of a guaranteed culture in the production of law |
| title_fullStr | The fall of a guaranteed culture in the production of law |
| title_full_unstemmed | The fall of a guaranteed culture in the production of law |
| title_short | The fall of a guaranteed culture in the production of law |
| title_sort | fall of a guaranteed culture in the production of law |
| topic | prison devaluation of rights mechanical restraints democratic culture |
| url | https://opo.iisj.net/index.php/osls/article/view/2031 |
| work_keys_str_mv | AT inakirivera thefallofaguaranteedcultureintheproductionoflaw AT inakirivera fallofaguaranteedcultureintheproductionoflaw |