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German Idealism and the Concept of Punishment on Hardback by Jean-Christophe Merle
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German Idealism and the Concept of Punishment

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Description

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.

Author Biography:

Jean-Christophe Merle is a Professor in the Department of Philosophy, University of Tours, an Honorary Professor at the University of Saarland and a lecturer at the University of Tübingen.
Release date Australia
May 28th, 2009
Audience
  • Professional & Vocational
Pages
224
Dimensions
159x234x18
ISBN-13
9780521886840
Product ID
3041059

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Books >
Non-Fiction >
Humanities >
Philosophy >
Western philosophy >
Modern Western philosophy, c 1600 to the present
Books >
Non-Fiction >
Humanities >
Philosophy >
Western philosophy
Books >
Non-Fiction >
Humanities >
Philosophy >
Western philosophy >
Western philosophy: c 1600 to c 1900