Princeton University Press (1992)
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Abstract |
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.
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Keywords | Hegel Rechtsphilosophie punishment |
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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 |
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Citations of this work BETA
In Defence of Punishment and the Unified Theory of Punishment: A Reply.Thom Brooks - 2016 - Criminal Law and Philosophy 10 (3):629-638.
Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 Pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
Hegel on Legal and Moral Responsibility.Mark Alznauer - 2008 - Inquiry: An Interdisciplinary Journal of Philosophy 51 (4):365 – 389.
Right, Morality, Ethical Life : Studies in G. W. F. Hegelś Philosophy of Right.Jussi Kotkavirta (ed.) - 1997 - University of Jyväskylä.
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.
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Hegel's Critique of Metaphysics.Béatrice Longuenesse - 2007 - Cambridge and New York: Cambridge University Press.
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