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Idealist Justification of Punishment
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Though it involves significant harms and is a widespread andentrenched practice, legal punishment lacks a sure philosophicalfooting. In spite of frequent attempts by utilitarians,retributivists and so called \"mixed solution\" advocates(particularly during the twentieth century) the problem ofjustifying punishment remains. This book aims to redress thisshortcoming by turning to the German thinkers Kant and Hegel andtheir idealism (rather than simply their retributivism) to fashionpunishment\'s justification. In the case of Kant this is achievedby developing his construction of justice, while for Hegel itinvolves taking seriously his theory of recognition and aspects ofhis logic. In applying ideas from this tradition to a contemporaryproblem, this book will appeal to both those interested in Kant andHegel scholarship and its recent resurgence, as well as to studentsof jurisprudence.
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