Abstract

http://ssrn.com/abstract=869534
 
 

Footnotes (96)



 


 



Is Hegel a Retributivist?


Thom Brooks


Durham University


Bulletin of the Hegel Society of Great Britain, Vol. 49/50, pp. 113-26, 2004

Abstract:     
The most widespread interpretation of Hegel's theory of punishment is that it is retributivist, as the criminal punished is demonstrated to be deserving of a punishment commensurable in value to the severity of his crime. Thus, Hegel's theory is individualistic because the only factor involved in determining a punishment's magnitude is the criminal's action itself. The problem with this interpretation is that it is limited to Hegel's preliminary discussion of punishment within his theory of abstract right. In this paper, I take seriously the structure of the Philosophy of Right to underscore the relationship between Hegel's treatment of punishment in abstract right and his later treatment within his theory of civil society. This reading produces substantive new insights, presenting us with a theory which determines the severity of punishments commensurable with the threat a criminal act poses for civil society, committing itself to a minimal retributivism at most.

Number of Pages in PDF File: 21

Keywords: Kant, Hegel, Brooks, Wood, retributivism, deterrence, retribution, right, philosophy, philosophy of right, phenomenology, abstract right, ethical life, punishment, logic, system

JEL Classification: K10

Accepted Paper Series





Download This Paper

Date posted: December 13, 2005  

Suggested Citation

Brooks, Thom, Is Hegel a Retributivist?. Bulletin of the Hegel Society of Great Britain, Vol. 49/50, pp. 113-26, 2004. Available at SSRN: http://ssrn.com/abstract=869534

Contact Information

Thom Brooks (Contact Author)
Durham University ( email )
Durham Law School
Durham University
Durham, County Durham DH1 3ET
United Kingdom
+441913342800 (Phone)
HOME PAGE: http://www.dur.ac.uk/law/staff/?mode=staff&id=11140
Feedback to SSRN


Paper statistics
Abstract Views: 2,293
Downloads: 373
Download Rank: 45,339
Footnotes:  96

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.422 seconds