|
Showing 1 - 7 of
7 matches in All Departments
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.
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.
The justification and commensurability of punishments is a central
problem of all state and social philosophies. This essay is
concerned with theories of retribution and theories of general
prevention of crime, and works out its own point of view in a
combination of the concept that the purpose of punishment is to
deter the offender and resocialization, and derives from this a
plea for a system for dealing with criminals which respects their
human dignity.
The symbol of the Leviathan came to the forefront in political
theory, as the structure and the ideological justification of the
state underwent radical change in at least three European countries
from the early 1920s to the 1940s. Thus, the terrifying image of
Leviathan has sometimes given rise to a surprising historiography
of twentieth-century totalitarian states, tracing them back to the
origins of modern political thought, as if there were a direct line
of descent from Hobbes to Mussolini, Hitler and Stalin, or, worse
still, as if Hobbes's Leviathan (1651) were an exact anticipation
of twentieth-century political catastrophes. The differing
interpretations of Hobbes proposed by Strauss, Tonnies, Schmitt,
Vialatoux, Capitant, Pareto, Collingwood, and Oakeshott, are here
interpreted in the perspective of the interwar transformation of
Europe. The contributors, who are German, British and French
political philosophers, analyse the conditions which have made
possible conflicting readings of Hobbes's political philosophy, and
explain why they sometimes don't do justice to Leviathan.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|