• Autor(es): Melina Duarte
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  • Publicado: 27/09/2011
  • Atualizado: 18/02/2014
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  • Páginas: 127
  • Categoria: Filosofia
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Hegel’s Theory of Crime And Punishment in a Critical And Current Perspective - How Can The Relationship Between Crime And Punishment be Considered Just Under The Context of Hegel\'s Philosophy of Right ?

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HEGEL’S THEORY OF CRIME AND PUNISHMENT IN A CRITICAL AND CURRENT PERSPECTIVE - HOW CAN THE RELATIONSHIP BETWEEN CRIME AND PUNISHMENT BE CONSIDERED JUST UNDER THE CONTEXT OF HEGEL'S PHILOSOPHY OF RIGHT ?
Abstract: This work aims to answer the following question: How can the relationship between crime and punishment be considered just under the context of Hegel's Philosophy of Right? According to Hegel, this relationship can be considered just whenever the right is restored. Since the concept of Right presents a broad meaning in the Philosophy of Right, I chosed to work on three different aspects of that relationship. Firstly, crime is what damnifyies the right, and punishment is what denies such damnifying of the right. Thus, a just relationship between crime and punishment is achieved when crime is annulled by a punishment of equal value. However, this relationship, based on Lex Talionis, is just in its content but not in its form. Morality allows the form to be just, but it is only through ethicity (Sittlichkeit) that the just relationship between crime and punishment is achieved, through the bond of content and form. Secondly, under the context of ethicity, crime denies the recognition of the right and honor on both criminal and victim. A just relationship between crime and punishment would exist through the recognition between criminal and victim, by rehabilitating the criminal and re-conciliating him/her with the society. Finally, this just relationship asserts that the punishment must be imposed only to those who take actions against the society’s will. In other words,...

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