This study describes certain characteristics of modern penal rationality as a system of autonomous thought and explores some aspects of the interaction between economic, political and legalcriminal systems in contemporary societies ("societies at risk"). It calls attention, among other things, to the contradictory relationships between individual rights and the penal system and conceptualizes a new phenomenon that is emerging in the second half of the 20th century : the legalization of public opinion and of the public by the penal system. In fact, the public is becoming a component of the penal system, and this is bringing about a problematical rapprochement between the political system, social movement projects of all kinds, and the penal system. Certain difficulties that rationality and the normative structure of modern criminal law have posed for contemporary democracies can be better appreciated from this perspective. |