Excusiology. Tentativo di una traduzione penalistica dell’effetto Lucifero

Alessandro Spena

  • Pagine:   65-98
  • Prezzo:   7,00 
  • Rivista:   Studi sulla questione criminale
  • Fascicolo:   1/2020 – Studi sulla questione criminale
  • DOI:   10.7383/96758
In breve

The article tries to figure out whether and to what extent the situationist approach by Philip Zimbardo, as it emerges in The Lucifer Effect, can be translated into penal terms. The notorious case of Abu Ghraib, as presented by Zimbardo in his book, is used as a test. The article is divided into three parts. The first part is devoted to reconstructing the features of the “Abu Ghraib situation” (AGs), which is described by Zimbardo as a total situation causing deindividuation (in authors) and dehuma­nization (of victims). In the second part, the AGs’ features are compared to those of moral coercion: while the latter is generally assumed to have a transformative effect on the moral value of the act, the former is instead assumed, by Zimbardo, to have a transformative effect on the agent’s character. The third part seeks to understand whether the Lucifer effect can be interpreted as a partial excuse.

Key words: Lucifer Effect, Context and Criminal Responsibility, Partial Excuses.

The article tries to figure out whether and to what extent the situationist approach by Philip Zimbardo, as it emerges in The Lucifer Effect, can be translated into penal terms. The notorious case of Abu Ghraib, as presented by Zimbardo in his book, is used as a test. The article is divided into three parts. The first part is devoted to reconstructing [...]

Exclusiology: An effort to translate the “lucifer effect” into penal terms / Excusiology. Tentativo di una traduzione penalistica dell’effetto Lucifero

Alessandro Spena

  • Pagine:   65-98
  • Prezzo:   7,00 
  • DOI:   10.7383/96758
In breve

The article tries to figure out whether and to what extent the situationist approach by Philip Zimbardo, as it emerges in The Lucifer Effect, can be translated into penal terms. The notorious case of Abu Ghraib, as presented by Zimbardo in his book, is used as a test. The article is divided into three parts. The first part is devoted to reconstructing the features of the “Abu Ghraib situation” (AGs), which is described by Zimbardo as a total situation causing deindividuation (in authors) and dehuma­nization (of victims). In the second part, the AGs’ features are compared to those of moral coercion: while the latter is generally assumed to have a transformative effect on the moral value of the act, the former is instead assumed, by Zimbardo, to have a transformative effect on the agent’s character. The third part seeks to understand whether the Lucifer effect can be interpreted as a partial excuse.

Key words: Lucifer Effect, Context and Criminal Responsibility, Partial Excuses.

The article tries to figure out whether and to what extent the situationist approach by Philip Zimbardo, as it emerges in The Lucifer Effect, can be translated into penal terms. The notorious case of Abu Ghraib, as presented by Zimbardo in his book, is used as a test. The article is divided into three parts. The first part is devoted to reconstructing [...]