German Idealism And The Concept Of Punishment

Author : Jean-Christophe Merle
Publisher : Cambridge University Press
Page : 362 pages
File Size : 40,8 Mb
Release : 2009-05-28
Category : Philosophy
ISBN : 9781139474740

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

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 : Jean-Christophe Merle
Publisher : Cambridge University Press
Page : 225 pages
File Size : 40,6 Mb
Release : 2015-12-17
Category : Law
ISBN : 9781107559301

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

Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 43,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Matthew C. Altman
Publisher : Routledge
Page : 211 pages
File Size : 43,8 Mb
Release : 2021-05-05
Category : Law
ISBN : 9781000379341

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A Theory of Legal Punishment by Matthew C. Altman Pdf

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Author : Christopher Yeomans
Publisher : Oxford University Press
Page : 249 pages
File Size : 54,9 Mb
Release : 2023
Category : Philosophy
ISBN : 9780197667309

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The Politics of German Idealism by Christopher Yeomans Pdf

The Politics of German Idealism reconstructs the political philosophies of Kant, Fichte and Hegel against the background of their social-historical context. Christopher Yeomans' guiding thought is to understand German Idealist political philosophy as political, i.e., as a set of policy options and institutional designs aimed at a broadly but distinctively German set of social problems. 'Political' here refers to use of the state's power to enforce law, and 'social' to the norms and groups which are regulated by that enforcement, but which also antedate or exceed that enforcement. Because the power to enforce law is very much still being actualized by state-building in the period at issue, 'political' refers quite narrowly to a certain kind of practical legal project rather than to a perennial set of problems from the history of philosophy. By way of method, Yeomans claims that to reveal the political nature of German Idealist political philosophy requires understanding German Idealism as both taking place in and conceptualizing its own historical present--this is the sense in which it is not only political, but political philosophy. The most important general feature of the historical present of the German Idealists is the way in which the period from 1770 to 1830 was a transitional period between early and late modernity, a so-called saddle period (Sattelzeit) in which the metaphor is of a Bergsattel or shallow valley between two mountain peaks.

Author : Anonim
Publisher : Cambridge University Press
Page : 441 pages
File Size : 51,7 Mb
Release : 2024-07-01
Category : Electronic
ISBN : 9780521472265

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The Cambridge Companion to Fichte by Anonim Pdf

Author : David James,Günter Zöller
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,6 Mb
Release : 2016-12-13
Category : Philosophy
ISBN : 9781316849002

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The Cambridge Companion to Fichte by David James,Günter Zöller Pdf

Johann Gottlieb Fichte (1762–1814) was the founding figure of the philosophical movement known as German idealism, a branch of thought which grew out of Kant's critical philosophy. Fichte's work formed the crucial link between eighteenth-century Enlightenment thought and philosophical, as well as literary, Romanticism. Some of his ideas also foreshadow later nineteenth- and twentieth-century developments in philosophy and in political thought, including existentialism, nationalism and socialism. This volume offers essays on all the major aspects of Fichte's philosophy, ranging from the successive versions of his foundational philosophical science or Wissenschaftslehre, through his ethical and political thought, to his philosophies of history and religion. All the main stages of Fichte's philosophical career and development are charted, and his ideas are placed in their historical and intellectual context. New readers will find this the most convenient and accessible guide to Fichte currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Fichte.

Author : Henry Somers-Hall
Publisher : Cambridge University Press
Page : 277 pages
File Size : 42,7 Mb
Release : 2022-06-23
Category : History
ISBN : 9781316517901

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Judgement and Sense in Modern French Philosophy by Henry Somers-Hall Pdf

Develops new readings of key figures in the French tradition that together constitute a new reading of the tradition itself.

Author : Klaas Vieweg
Publisher : BRILL
Page : 240 pages
File Size : 54,6 Mb
Release : 2020-08-10
Category : Philosophy
ISBN : 9789004429277

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The Idealism of Freedom by Klaas Vieweg Pdf

In The Idealism of Freedom, Klaus Vieweg argues for a Hegelian turn in philosophy. Hegel's idealism of freedom contains a number of epoch-making ideas that articulate a new understanding of freedom, which still shape contemporary philosophy. Hegel establishes a modern logic, as well as the idea of a social state. With his distinction between civil society and the state he makes an innovative contribution to political philosophy. Hegel defends the idea of freedom for all in a modern society and is a sharp critic of every nationalism and racism. Vieweg's study introduces these ideas into perspectives on freedom in contemporary philosophy.

Author : M. Blake Wilson,Christopher Turner
Publisher : Rowman & Littlefield
Page : 289 pages
File Size : 43,5 Mb
Release : 2020-11-25
Category : Philosophy
ISBN : 9781793600431

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The Philosophy of Werner Herzog by M. Blake Wilson,Christopher Turner Pdf

Legendary director, actor, author, and provocateur Werner Herzog has incalculably influenced contemporary cinema for decades. Until now there has been no sustained effort to gather and present a variety of diverse philosophical approaches to his films and to the thinking behind their creation. The Philosophy of Werner Herzog, edited by M. Blake Wilson and Christopher Turner,collects fourteen essays by professional philosophers and film theorists from around the globe, who explore the famed German auteur’s notions of “ecstatic truth” as opposed to “accountants’ truth,” his conception of nature and its penchant for “overwhelming and collective murder,” his controversial film production techniques, his debts to his philosophical and aesthetic forebears, and finally, his pointed objections to his would-be critics––including, among others, the contributors to this book themselves. By probing how Herzog’s thinking behind the camera is revealed in the action he captures in front of it, The Philosophy of Werner Herzog shines new light upon the images and dialog we see and hear on the screen by enriching our appreciation of a prolific––yet enigmatic––film artist.

Author : Robert Stern
Publisher : Cambridge University Press
Page : 293 pages
File Size : 51,6 Mb
Release : 2011-12-15
Category : Philosophy
ISBN : 9781139505017

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Understanding Moral Obligation by Robert Stern Pdf

In many histories of modern ethics, Kant is supposed to have ushered in an anti-realist or constructivist turn by holding that unless we ourselves 'author' or lay down moral norms and values for ourselves, our autonomy as agents will be threatened. In this book, Robert Stern challenges the cogency of this 'argument from autonomy', and claims that Kant never subscribed to it. Rather, it is not value realism but the apparent obligatoriness of morality that really poses a challenge to our autonomy: how can this be accounted for without taking away our freedom? The debate the book focuses on therefore concerns whether this obligatoriness should be located in ourselves (Kant), in others (Hegel) or in God (Kierkegaard). Stern traces the historical dialectic that drove the development of these respective theories, and clearly and sympathetically considers their merits and disadvantages; he concludes by arguing that the choice between them remains open.

Author : Marina F. Bykova
Publisher : Bloomsbury Publishing
Page : 473 pages
File Size : 50,7 Mb
Release : 2019-11-28
Category : Philosophy
ISBN : 9781474286657

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The German Idealism Reader by Marina F. Bykova Pdf

The German Idealism Reader is a comprehensive account of the key ideas and arguments central to German idealists and their immediate critics. Expanding the scope beyond the four best-known representatives - Kant, Fichte, Schelling, and Hegel - and including those thinkers often considered as secondary, but who are also crucial for understanding of this period, the Reader presents an influential era in all its philosophical complexity. Through its broad coverage of philosophers and their texts, it offers a complete dynamic picture of the intellectual period and features: - Selections from key texts by Kant, Fichte, Schelling and Hegel - Readings from Reinhold, Schiller, Maimon, Schulze, Jacobi, Hölderlin, and Novalis - Responses to and critiques of German idealist thought by late nineteenth century thinkers, such as Schopenhauer, Feuerbach, Marx, Kierkegaard, and Nietzsche - Selections extending beyond the typical focus on epistemology and metaphysics to include ethics, religion, society, and art - A general introduction and timeline, together with a chronology and bibliography to each thinker and introductory overviews to both thinkers and text With readings carefully selected to illustrate thinkers in dialogue with each other, The German Idealism Reader provides a better appreciation of the philosophical discussions central to the period. This is essential reading for all students of German idealism and the nineteenth-century German and Continental philosophies, as well as to those studying the important movements and periods of European intellectual history.

Author : Timothy Mooney
Publisher : Cambridge University Press
Page : 273 pages
File Size : 53,6 Mb
Release : 2022-11-30
Category : Philosophy
ISBN : 9781009223430

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Merleau-Ponty's Phenomenology of Perception by Timothy Mooney Pdf

An in-depth introduction to Merleau-Ponty's greatest work that foregrounds his theory of our projectively embodied being in the world.

Author : Timothy D. Mooney
Publisher : Cambridge University Press
Page : 273 pages
File Size : 53,6 Mb
Release : 2022-11-17
Category : Philosophy
ISBN : 9781009223447

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Merleau-Ponty's Phenomenology of Perception by Timothy D. Mooney Pdf

This is an advanced introduction to and original interpretation of Merleau-Ponty's greatest work, Phenomenology of Perception. Timothy Mooney provides a clear and compelling exposition of the theory of our projective being in the world, and demonstrates as never before the centrality of the body schema in the theory. Thanks to the schema's motor intentionality our bodies inhabit and appropriate space: our postures and perceptual fields are organised schematically when we move to realise our projects. Thus our lived bodies are ineliminably expressive in being both animated and outcome oriented through-and-through. Mooney also analyses the place of the work in the modern philosophical world, showing what Merleau-Ponty takes up from the Kantian and Phenomenological traditions and what he contributes to each. Casting a fresh light on his magnum opus, this book is essential reading for all those interested in the philosophy and phenomenology of the body.

Author : James S. Pearson
Publisher : Cambridge University Press
Page : 313 pages
File Size : 52,9 Mb
Release : 2022-06-30
Category : History
ISBN : 9781316516546

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Nietzsche on Conflict, Struggle and War by James S. Pearson Pdf

This book provides a clear analysis of Nietzsche's controversial endorsement of conflict, struggle and war. It also elucidates many of his defining theories, including the will to power, the overman, and the eternal return.