Hegel: Punishment

Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. In (...) "Some Remarks on Punishment," F. H. Bradley re-examines the justification of punishment in light of a critique of Darwinism's importance for ethics. My primary focus is on how Bradley's substantive discussion of punishment only because it is here that this article's arguments have most relevance for us today. (shrink)

The goal of this paper is to clarify the role wrong plays in Hegel ’s system of right, as both a form of freedom and the transition to morality. Two approaches will be examined to explore wrong in practical philosophical terms: First, one could take the transition to be descriptive in nature. The transition describes wrong as a realized fact of the human condition that one inherits from the outset. Second, one could see it as prescriptive. Actual wrongdoing would be (...) essential for the subject’s progression to becoming moral. Though both are most likely the case, emphasis is given to the latter since it represents the actualization of potential. Furthermore, it will be suggested that wrong plays a similar role as that which alienation does in the Phenomenology of Spirit; both bridge the will as abstract personality with the moral point of view. (shrink)

Selon une psychologie empiriste, aucune vie mentale inconsciente n'existe ; la conscience devrait être vue comme intérieure au sujet. Au contraire, la psychologie idéaliste soutient une philosophie de l'inconscient (et non pas de l'inconscience). La multiplicité et la finalité ne sont pas représentables comme des produits de l'évolution ou du destin des individus ; notre image du monde est conscience du monde. Nietzsche (1874), le premier, réagit contre cette thèse ; il y voit un tourbillon de consciences étroites : "l'homme (...) historique qui se laisse transformer en miroir historique." La psychologie idéaliste tendrait-elle vers une idolâtrie de l'histoire ? Il nous semble qu'une éthique et une philosophie sociale idéalistes, bâties sur les principes du droit, aident à former des hypothèses plausibles, notamment celle d'une solidarité inconsciente. L'expérience moniste d'unité entre notre représentation et notre volonté peut plaider pour une compréhension du monde sur le terrain de valeurs axiologiques, sans maladie historique. Elle explique une soif universelle de culture et de religion. Réexaminons l'utilité et l'inconvénient d'élargir la reconnaissance réciproque des sujets, vers un don de soi au monde. (shrink)

Perhaps one of the most underappreciated philosophical movements is British Idealism. This movement arose during the latter half of the nineteenth century and began to wane after the outbreak of the First World War. British Idealism has produced a number of important figures, such as Bernard Bosanquet, R. G. Collingwood, F. H. Bradley and T. H. Green, as well as other important, but less well known, figures, such as J. S. Mackenzie, John Henry Muirhead and James Seth. It has also (...) given us a number of lasting philosophical ideas. (shrink)

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. •The most comprehensive collection on Hegel's Philosophy of Right available •Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law •Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on the topic .

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: [retributivism] justifies punishment in terms not of its contingently beneficial effects but of (...) its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)