שיקום בגזירת הדין: בין ריפוי, תיקון מוסרי ורווחה

This paper aims to theorize and discuss the meaning of rehabilitation for sentencing jurisprudence. For doing so, the paper distinguishes between three normative models of penal rehabilitation: (a) clinical-based rehabilitation; (b) reform-based rehabilitation; and(c) welfare-based rehabilitation. Furthermore, the paper analyzes five positive-law is suesbased on the three normative models suggested: (a) the relations between punishment and rehabilitation; (b) the motivation for rehabilitation and its meaning; (c) rehabilitation as an aggravating factor; (d) rehabilitation as a mitigation factor for ‘normative’ offenders; and(e) discharge as rehabilitation. Theoretical and policy implications for Israeli law are discussed.