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German Idealism and the Concept of Punishment

By: (Author) Jean-Christophe Merle

Manufactured on Demand
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Ksh 8,200.00

Format: Hardback or Cased Book

ISBN-10: 0521886848

ISBN-13: 9780521886840

Series: Modern European Philosophy

Publisher: Cambridge University Press

Imprint: Cambridge University Press

Country of Manufacture: GB

Country of Publication: GB

Publication Date: May 28th, 2009

Print length: 224 Pages

Weight: 490 grams

Dimensions (height x width x thickness): 23.10 x 19.00 x 1.60 cms

Product Classification: Western philosophy: c 1600 to c 1900

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This original study examines the views of Kant, Fichte and Hegel on punishment, and traces in their work the gradual emergence of views in favour of deterrence and resocialisation. Merle also examines Nietzsche's view that morality rests on the rejection of retribution.
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.

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