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Author: Jean-Christophe Merle
Publisher: Cambridge University Press
ISBN: 113947474X
Category : Philosophy
Languages : en
Pages : 362
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Book 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: Jean-Christophe Merle
Publisher: Cambridge University Press
ISBN: 113947474X
Category : Philosophy
Languages : en
Pages : 362
Get Book Here
Book 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: Jean-Christophe Merle
Publisher: Cambridge University Press
ISBN: 1107559308
Category : Law
Languages : en
Pages : 225
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Book Description
Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.
Author: Andrew Bowie
Publisher: Oxford University Press
ISBN: 0199569258
Category : History
Languages : en
Pages : 153
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Book Description
`A very good idea, these Very Short Introductions, a new concept from OUP' Nicholas Lezard, Guardian --Book Jacket.
Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507
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Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Mark Tunick
Publisher: Univ of California Press
ISBN: 0520912314
Category : Social Science
Languages : en
Pages : 273
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Book Description
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
Author:
Publisher: Cambridge University Press
ISBN: 0521472261
Category :
Languages : en
Pages : 441
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Book Description
Author: Robert Stern
Publisher: Cambridge University Press
ISBN: 1139505017
Category : Philosophy
Languages : en
Pages : 293
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Book Description
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: Sacha Golob
Publisher: Cambridge University Press
ISBN: 1107031702
Category : History
Languages : en
Pages : 289
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Book Description
This book offers a fundamentally new account of the arguments and concepts which define Heidegger's early philosophy, and locates them in relation to both contemporary analytic philosophy and the history of philosophy. Drawing on recent work in the philosophy of mind and on Heidegger's lectures on Plato and Kant, Sacha Golob argues against existing treatments of Heidegger on intentionality and suggests that Heidegger endorses a unique position with respect to conceptual and representational content; he also examines the implications of this for Heidegger's views on truth, realism and 'being'. He goes on to explore Heidegger's work on the underlying issue of normativity, and focuses on his theory of freedom, arguing that it is freedom that links the existential concerns of Being and Time to concepts such as reason, perfection and obligation. His book offers a distinctive new perspective for students of Heidegger and the history of twentieth-century philosophy.
Author: David James
Publisher: Cambridge University Press
ISBN: 1316849007
Category : Philosophy
Languages : en
Pages :
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Book Description
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: David James
Publisher: Cambridge University Press
ISBN: 1139495410
Category : Philosophy
Languages : en
Pages : 235
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Book Description
In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context.
