5, ISBN: 9780511763441

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,… More...

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 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. Criminal law, Law, German Idealism and the Concept of Punishment~~ Merle, Jean-Christophe~~Criminal law~~Law~~9780511763441, en, German Idealism and the Concept of Punishment, Merle, Jean-Christophe, 9780511763441, Cambridge University Press, 05/01/2009, , , , Cambridge University Press, 05/01/2009<

ISBN: 9780511763441

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, … More...

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.; PDF; Politics, Philosphy & Religion > Philosophy > History of Western philosophy, Cambridge University Press<

ISBN: 9780511763441

Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.; PDF; Politics, Philosphy & Religion > Philosophy > Hi… More...

Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.; PDF; Politics, Philosphy & Religion > Philosophy > History of Western philosophy, University of California Press<

2009, ISBN: 9780511763441

eBooks, eBook Download (PDF), Auflage, [PU: Cambridge University Press], [ED: 1], Cambridge University Press, 2009

2009, ISBN: 9780511763441

[ED: 1], Auflage, eBook Download (PDF), eBooks, [PU: Cambridge University Press]