Law, Ideology and Punishment: Retrieval and Critique of the by A.W. Norrie

By A.W. Norrie

This e-book is set 'Kantianism' in either a slender and a huge feel. within the former, it's concerning the tracing of the improvement of the retributive philosophy of punishment into and past its classical part within the paintings of a few philosophers, the most famous of whom is Kant. within the latter, it truly is an exploration of the various instantiations of the 'Kantian' rules of person guilt, accountability and justice in the great felony legislation . On their face, such discussions may possibly owe roughly explicitly to Kant, yet, of their uncomplicated highbrow constitution, they percentage a recognisably universal dedication to yes rules rising from the liberal Enlightenment and embodied inside a thought of legal justice and punishment that's during this broader experience 'Kantian'. The paintings has its roots within the emergence within the Seventies and early Eighties within the usa and Britain of the 'justice version' of penal reform, a improvement that was once as attention-grabbing when it comes to the sociology of philosophical wisdom because it was once in its personal correct. just a couple of years prior, I were taught in undergraduate criminology (which seemed on the time to be the one self-discipline to have whatever attention-grabbing to assert approximately crime and punishment) that 'classical criminology' (that is, Beccaria and the opposite Enlightenment reformers, who were colonised as a 'school' inside of criminology) had died an immense dying within the nineteenth century, from which there has been no wish of resuscitation.

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Extra resources for Law, Ideology and Punishment: Retrieval and Critique of the Liberal Ideal of Criminal Justice

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Likewise, the idea of the Rechtsstaat, of an abstract, independent, ahistorical state, while complementing the 'natural' abstract individualism of this metaphysical 'man', fetishises the reality of a concrete state representing particular political interests, and acting according to raison d'etat. The formalistic, phenomenal form of the Rechtsstaat has a particular tendency to be undermined by reality both because of the fundamental political nature of the state, which emerges particularly in time of crisis, and because of the historical trajectory of the state towards interventionism from the late nineteenth century onwards.

It is in principle possible that some would. This is exactly the 'spectacular non sequitur' of which Hart has accused Bentham in recent times)7 Whether aware of this problem or not, Hobbes proceeds in a manner reminiscent of many modem utilitarians, to qualify his position by the addition of distinct non-utilitarian principles - of gratitude58 and equity. '60 Given the blanket utilitarian power of the Hobbesian sovereign to 'do whatever he shall think necessary to be done' and to 'use the strength and means of them all, as he shall think expedient',61 only additional and discrepant principles of individual justice could check his power.

The juridical element at the heart of the Hobbesian theory of punishment is at war with what he understood to be the natural springs of human behaviour. In Chapter I, I argued that the key to juridical ideology was its basis in the prevalence of market relations. It is then not surprising that at the beginning of market society, Hobbes should have represented the legitimacy of the state power to punish in the figure of a universal social contract. 69 That flaw had the most serious implications for the logic of his theory of punishment, as we have seen.

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