German Idealism and the Concept of Punishment
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Cambridge University Press (2009)
Against the background of early modernism - a period that justified punishment by general deterrence - Kant is usually thought to represent a radical turn towards retributivism. For Kant, and later for Fichte and Hegel, a just punishment respects the humanity inherent in the criminal, and serves no external ends - it is instituted only because the criminal deserves it. In this original study, Jean-Christophe Merle uses close analysis of texts to show that these philosophers did not in fact hold a retributivist position, or even a mixed position; instead he traces in their work the gradual emergence of views in favour of deterrence and resocialisation. He also examines Nietzsche's view that morality rests on the rejection of retribution. His final chapter offers a challenge to the retributivist position, and a defence of resocialisation, in the context of current legal theory and practice concerning the punishment of crimes against humanity
|Keywords||Punishment Philosophy Criminal law Philosophy Idealism, German|
|Categories||categorize this paper)|
|Buy the book||$30.98 used (72% off) $37.16 new (67% off) $109.99 direct from Amazon Amazon page|
|Call number||K5103.M46913 2009|
|ISBN(s)||9780521886840 0521886848 9780511763441|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Paul Franks (2005). All or Nothing: Systematicity, Transcendental Arguments, and Skepticism in German Idealism. Harvard University Press.
Peter Koslowski (ed.) (2005). The Discovery of Historicity in German Idealism and Historism. Springer.
Matthew C. Altman (2011). German Idealism and the Concept of Punishment. British Journal for the History of Philosophy 18 (5):953-956.
William Desmond, Ernst-Otto Jan Onnasch & Paul Cruysberghs (eds.) (2004). Philosophy and Religion in German Idealism. Kluwer Academic Publishers.
Karl Ameriks (ed.) (2000). The Cambridge Companion to German Idealism. Cambridge University Press.
Gary Banham (2003). Kant and German Idealisms. British Journal for the History of Philosophy 11 (2):333 – 339.
Thom Brooks (2012). German Idealism and the Concept of Punishment, by Jean-Christophe Merle, Trans. Joseph J. Kominkiewicz with Jean-Christophe Merle and Frances Brown. Cambridge: Cambridge University Press, 2009, Xv + 207 Pp. ISBN 978 0 521 88684 0 Hb. [REVIEW] European Journal of Philosophy 20 (1):179-182.
Sorry, there are not enough data points to plot this chart.
Added to index2009-09-15
Recent downloads (6 months)0
How can I increase my downloads?