Hegel’s Thought on Punishment in Outlines of the Philosophy of Right and Related Issues
Date Issued
2013
Date
2013
Author(s)
Chen, Yen-Ting
Abstract
In traditional discussions, the issue regarding whether Hegel is a retributivist has engendered controversy. Hegel rejects that punishment is to achieve some purpose, threat or reformation, for instance. Rather, he expounds that there is a necessary link between crime and punishment. According to this view, many scholars advocate that Hegel is a retributivist, though some doesn''t.
However, this controversy may results from misunderstanding or confusion of the concept. In addition, punishment needs to be justified in so far as punishment serves as a way to inflict pain or evil on criminals, i.e. fine, imprisonment, death penalty, and for this reason, inquiry to the problem of justification of Hegel’s theory of punishment is also an important aspect in this thesis.
In the first chapter of this thesis, I will start with introducing an approach to interpret Hegel’s thought of punishment, and based on this approach, in chapter two, I will expound Hegel’s thought of punishment in Elements of the Philosophy of Right. In chapter three, I will proceed to deal with the controversy through distinguishing among retributivism, retribution and revenge. In chapter four, I will discuss whether Hegel’s theory provides a justification for punishment or not.
Subjects
黑格爾
刑罰
應報主義
報復
復仇
證成
SDGs
Type
thesis
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