An Idealist Justification Of Punishment

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An Idealist Justification of Punishment

Though it involves significant harms and is a widespread and entrenched practice, legal punishment lacks a sure philosophical footing. In spite of frequent attempts by utilitarians, retributivists and so called "mixed solution" advocates (particularly during the twentieth century) the problem of justifying punishment remains. This book aims to redress this shortcoming by turning to the German thinkers Kant and Hegel and their idealism (rather than simply their retributivism) to fashion punishment's justification. In the case of Kant this is achieved by developing his construction of justice, while for Hegel it involves taking seriously his theory of recognition and aspects of his logic. In applying ideas from this tradition to a contemporary problem, this book will appeal to both those interested in Kant and Hegel scholarship and its recent resurgence, as well as to students of jurisprudence.
German Idealism and the Concept of Punishment

Author: Jean-Christophe Merle
language: en
Publisher: Cambridge University Press
Release Date: 2015-12-17
Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.
Late German Idealism

Frederick C. Beiser presents a study of the two most important idealist philosophers in Germany after Hegel: Adolf Trendelenburg and Rudolf Lotze. Trendelenburg and Lotze dominated philosophy in Germany in the second half of the nineteenth century. They were important influences on the generation after them, on Frege, Brentano, Dilthey, Kierkegaard, Cohen, Windelband and Rickert. Late German Idealism is the first book on this significant but neglected chapter in European philosophical history. It provides a general introduction to every aspect of the philosophy of Trendelenburg and Lotze—their logic, metaphysics, ethics and aesthetics—but it is also a study of their intellectual development, from their youth until their death. Their philosophy is placed in the context of their lives and culture.