German Idealism and the Concept of Punishment

Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.

Jean-Christophe Merle (Author)

9781107559301, Cambridge University Press

Paperback / softback, published 17 December 2015

224 pages
22.8 x 15.2 x 1.4 cm, 0.34 kg

'… informed and sophisticated … thoughtful and … compelling … important work in the history of philosophy …' British Journal for the History of Philosophy

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.

Preface
List of abbreviations
Introduction
Part I. Desert as the Sole Justification for Punishment: 1. The two Kantian concepts of right
2. Kant's legal justification of punishment
3. Kant's moral justification of punishment
Part II. Punishment as a Means of Rehabilitation: 4. Fichte's 'expiation contract'
5. Hegel's negation of crime
Part III. Retributivist Inhumanity: 6. Nietzsche and punishment without remorse
7. Why are crimes against humanity punished at all?
Conclusion
Bibliography
Index.

Subject Areas: Jurisprudence & philosophy of law [LAB], Western philosophy: c 1600 to c 1900 [HPCD], History of Western philosophy [HPC]