Concepto y justificación en una teoría integral de la pena.

The article addresses the debate on the theory of punishment, focusing on the distinction between the conceptual level and the justificatory level. It argues that it is important to analyze the relationships and connections between both levels. The majority of doctrine maintains that there should be no connection between them, but the deficiencies of this position are pointed out and the guidelines for an alternative approach are established. It is concluded that a useful concept of state punishment cannot be constructed without taking into account the justification of punitive praxis. [Extracted from the article]