Princeton University Press (1992)

Mark Tunick
Florida Atlantic University
Hegel claims that punishment is the criminal's right and makes the criminal free. In critically examining Hegel's justification of legal punishment, the author takes us to the core of Hegel's political philosophy, offering an account of what Hegel means by right and freedom. Drawing on recently published but still untranslated lecture notes of Hegel's philosophy of right, which illuminate Hegel's notoriously difficult texts, the author rejects the commonly taken position that Hegel uncritically accepts existing practices. Acknowledging that Hegel opposes radical criticism of the sort later offered by Marx, the author argues that instead Hegel offers another type of criticism-- immanent criticism. Hegel uses the ideal he believes immanent in the practice of legal punishment, retribution, to criticize the actual practice when it diverges from this ideal. The author shows how Hegel defends specific features of the practice that accord with the retributive ideal, and criticizes other features that contradict it. He discusses Hegel's views on what acts should be made crimes, justified disobedience, criminal accountability, jury trial, sentencing, capital punishment, and plea-bargaining. This is the first book-length treatment in English that shows Hegel applying his ideals to a single concrete social practice. The work is addressed not merely to Hegel specialists, but also to those interested in the criminal law, the interpretation of legal institutions and social practices, and justification from an immanent standpoint.
Keywords Hegel  Rechtsphilosophie  punishment
Categories (categorize this paper)
Reprint years 2014
Buy this book $24.13 new (22% off)   $30.95 from Amazon    $37.15 used   Amazon page
ISBN(s) 0691074100   9781400863075   0691608938   0691637296   0691074100   1400863074
DOI 10.1515/9781400863075
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 69,979
External links

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
Chapters BETA

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Hegel on Legal and Moral Responsibility.Mark Alznauer - 2008 - Inquiry: An Interdisciplinary Journal of Philosophy 51 (4):365 – 389.
History and Reciprocity in Hegel's Theory of the State.Robert Bruce Ware - 1998 - British Journal for the History of Philosophy 6 (3):421 – 445.

Add more citations

Similar books and articles

Understanding Punishment as Annulment.Jami L. Anderson - 1998 - Social Philosophy Today 13:215-226.
Hegel's Claim About Democracy and His Philosophy of History.Mark Tunick - 2009 - In Will Dudley (ed.), Hegel and History. State University of New York Press.
Hegel: A Collection of Critical Essays.Alasdair C. MacIntyre - 1972 - University of Notre Dame Press.
Hegel: Philosophy of Politics.Thom Brooks - 2010 - Oxford Bibliographies Online.
Hegel's Justification of Hereditary Monarchy.M. Tunick - 1991 - History of Political Thought 12 (3):481.
Kant, Hegel, and Determining Our Duties.Kenneth Westphal - 2005 - Jahrbuch für Recht and Ethik/Annual Review of Law & Ethics 13:335-354.
Hegel's Political Philosophy.Walter Arnold Kaufmann - 1970 - New York: Atherton Press.
Hegel's Critique of Metaphysics.Béatrice Longuenesse - 2007 - Cambridge and New York: Cambridge University Press.


Added to PP index

Total views
20 ( #557,469 of 2,505,144 )

Recent downloads (6 months)
1 ( #416,587 of 2,505,144 )

How can I increase my downloads?


My notes