German Idealism and the Concept of Punishment


Book Description

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




German Idealism and the Concept of Punishment


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.




Punishment


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.




The Politics of German Idealism


Book Description

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.







The Cambridge Companion to Fichte


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.




Nietzsche, German Idealism and Its Critics


Book Description

Nietzsche is known as a severe critic of German Idealism, but what exactly is the relation between his thought and theirs? And how does Nietzsche's stance differ from the critique of idealism in Kierkegaard and Schopenhauer? The papers from leading international specialists in German Idealism, Schopenhauer, Kierkegaard and Nietzsche address these questions. The aim of the volume is to introduce novel ways of addressing the complex relations between Nietzsche and his immediate philosophical predecessors: Schopenhauer, Kierkegaard, Hegel, Schelling, Fichte and Kant. The focus is on the profound interconnections and affinities between their ways of thinking. Each paper considers one particular aspect of Nietzsche's philosophy (such as his notion of "spirit", "law", "power", "will", his "physiology" or his critique of morality) in relation to the above-mentioned philosophers. This largely systematic approach reveals surprising affinities between Nietzsche and the German idealists, despite their patent differences and generates new perspectives from which to understand and reinterpret Nietzsche's thought. Contributors: Maria J. Branco; Danielle Cohen Levinas; Joao Constancio; Carlos J. Correia; Katia Hay; Lore Hühn; Jose Justo; Elisabetta Marques J.de Sousa; Frederick Neuhouser; Leonel R. dos Santos; Philipp Schwab; Herman Siemens.




Judgement and Sense in Modern French Philosophy


Book Description

This book proposes a radical new reading of the development of twentieth-century French philosophy. Henry Somers-Hall argues that the central unifying aspect of works by philosophers including Sartre, Foucault, Merleau-Ponty, Deleuze and Derrida is their attempt to provide an account of cognition that does not reduce thinking to judgement. Somers-Hall shows that each of these philosophers is in dialogue with the others in a shared project (however differently executed) to overcome their inheritances from the Kantian and post-Kantian traditions. His analysis points up the continuing relevance of German idealism, and Kant in particular, to modern French philosophy, with novel readings of many aspects of the philosophies under consideration that show their deep debts to Kantian thought. The result is an important account of the emergence, and essential coherence, of the modern French philosophical tradition.




German Philosophy: A Very Short Introduction


Book Description

German philosophy remains the core of modern philosophy. This Very Short Introduction discusses the idea that German philosophy forms one of the most revealing responses to the problems of modernity. Including many significant German philosophers, and other more neglected thinkers, he provides an insight into German philosophical traditions.




The Philosophy of Werner Herzog


Book Description

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.