Hegel was a systematic philosopher, who grounded his system on a speculative logic. But his greatest philosophical contributions lie in his reflections on human culture: ethics, social and political philosophy, aesthetics, religion and the philosophy of history. This fact poses a problem for anyone who accepts it and then attempts to provide a philosophical discussion of Hegel's thought with the aim of making it available to a later age.There can be no doubt that any authentic treatment of Hegel's social and (...) political philosophy must take account of Hegel's explicit intention to ground it in his logical system of thought-determinations. But if we simply take that intention at face value, we make our appropriation of Hegel hostage to his philosophical system and speculative logic, which now are at best outdated and, though they may themselves contain some insights of lasting philosophical value, are not of nearly as much philosophical interest as Hegel's thoughts about human culture, society and history. A Hegel whose ethical, social, historical and cultural insights could be appropriated only by those who accept his speculative logical system would be a Hegel few would ever read or learn from.The other horn of the same dilemma is that those interpreters who are honest enough that they don't accept uncritically Hegel's own account of the structure of his philosophical accomplishments will inevitably be charged with doing violence to Hegel's thought, ignoring its true structure and unity. To quote a passage from Fred Beiser, which Thom Brooks uses to pillory all such Hegel scholarship: ‘We make Hegel alive and relevant, a useful contributor to our concerns; but that is only because we put our own views into his mouth. (shrink)

Sittlichkeit seduces: Hegel’s third category of Right, intended to synthesize impartially derived rights with a subjectively centered morality of the good, understandably piques the hopes of his modern readers. How could it not? Sittlichkeit, Ethical Life, holds out the prospect of so much that we still seek. It promises to reconcile welfare and autonomy while guaranteeing concrete content for their product. By combining legal duty with a place for conscience and freedom, it could solve a central problem of politics. Most (...) broadly, Sittlichkeit would graft Enlightenment individualism onto a more Aristotelian conception of social order, merging the benefits of ancient virtue and modern liberty. Who would not want to have their cake and eat it in this way? (shrink)

Thom Brooks'sHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightpresents a very clear and methodologically self-conscious series of discussions of key topics within Hegel's classic text. As one might expect for a ‘systematic’ reading, the main body of Brooks's text commences with an opening chapter on Hegel's system. Then follow seven chapters, the topics of which are encountered sequentially as one reads through thePhilosophy of Right. Brooks's central claim is that too often Hegel's theories or views on any (...) of these topics are misunderstood because of a tendency to isolate the relevant passages from the encompassing structure of thePhilosophy of Rightitself, and, in turn, from Hegel's system of philosophy as a whole, with its logical underpinnings. Brooks is clearly right in holding that Hegel hadintendedthePhilosophy of Rightto be read against the background of ‘the system’ and the ‘logic’ articulating it —nobody doubts that— but there is a further substantive issue here.Shouldcontemporary readers heed Hegel's advice? Brooks's answer is emphatically in the affirmative, and what results is a series of illuminating discussions in which he makes a case for his own interpretations on the basis of systematic considerations, presented against a range of alternatives taken from the contemporary secondary literature, which is amply covered, often in the extensive endnotes to the book. (shrink)

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly (...) and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

Neuhouser’s book is one of the most important contributions to the revival of Hegelian philosophy that has been taking place in Anglo-American philosophy over the last few years. Much of the debate in moral and political philosophy of the last few years has been set in terms of “the right” versus “the good,” and it is tempting to want to put Hegel in one of those categories and thereby also to classify him as either a “liberal,” a “communitarian,” or perhaps (...) a “romantic.” Neuhouser develops a powerful case for understanding him as none of these things. Instead he wants to understand Hegel as developing a social and political philosophy around the central conception of “self-determi- nation.” At first blush, that makes Hegel sound very much like the post-Kantian many now take him to be, but Neuhouser argues that, however true that might be, Hegel is best understood as continuing and developing certain key Rousseauian insights. In Neuhouser’s treatment, both Hegel and Kant are “post- Rousseauians,” and his understanding of what this means throws new and great light on understanding why Hegel’s social philosophy may still be of importance to us. (shrink)

Perhaps one of the most controversial aspects of Hegel's Philosophy of Right for contemporary interpreters is its discussion of the constitutional monarch. This is true despite the general agreement amongst virtually all interpreters that Hegel's monarch is no more powerful than modern constitutional monarchs and is an institution worthy of little attention or concern. In this article, I will examine whether or not it matters who is the monarch and what domestic and foreign powers he has. I argue against the (...) virtual consensus of recent interpreters that Hegel's monarch is far more powerful than has been understood previously. In part, Hegel's monarch is perhaps even more powerful than Hegel himself may have realized and I will demonstrate certain inconsistencies with some of his claims. My reading represents a distinctive break from the virtual consensus, without endorsing the view that Hegel was a totalitarian. (shrink)