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Books > Humanities > Philosophy > Western philosophy > Modern Western philosophy, c 1600 to the present
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German Idealism and the Concept of Punishment (Paperback)
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German Idealism and the Concept of Punishment (Paperback)
Series: Modern European Philosophy
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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.
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