German Idealism and the Concept of Punishment

German Idealism and the Concept of Punishment
Author: Jean-Christophe Merle
Publisher: Cambridge University Press
Total Pages: 225
Release: 2015-12-17
Genre: Law
ISBN: 1107559308

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

German Idealism and the Concept of Punishment
Author: Jean-Christophe Merle
Publisher: Cambridge University Press
Total Pages: 362
Release: 2009-05-28
Genre: Philosophy
ISBN: 113947474X

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.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

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

The Politics of German Idealism

The Politics of German Idealism
Author: Christopher Yeomans
Publisher: Oxford University Press
Total Pages: 249
Release: 2023
Genre: Philosophy
ISBN: 0197667309

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

The Cambridge Companion to Fichte
Author: David James
Publisher: Cambridge University Press
Total Pages:
Release: 2016-12-13
Genre: Philosophy
ISBN: 1316849007

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.

Judgement and Sense in Modern French Philosophy

Judgement and Sense in Modern French Philosophy
Author: Henry Somers-Hall
Publisher: Cambridge University Press
Total Pages: 277
Release: 2022-06-23
Genre: Philosophy
ISBN: 1009058436

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.

Nietzsche, German Idealism and Its Critics

Nietzsche, German Idealism and Its Critics
Author: Katia Hay
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 322
Release: 2015-10-16
Genre: Philosophy
ISBN: 3110308185

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.

The Philosophy of Werner Herzog

The Philosophy of Werner Herzog
Author: M. Blake Wilson
Publisher: Rowman & Littlefield
Total Pages: 289
Release: 2020-11-25
Genre: Philosophy
ISBN: 1793600430

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.

Understanding Moral Obligation

Understanding Moral Obligation
Author: Robert Stern
Publisher: Cambridge University Press
Total Pages: 293
Release: 2011-12-15
Genre: Philosophy
ISBN: 1139505017

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.