from Introduction to Part I: Two Beginnings
Published online by Cambridge University Press: 17 May 2025
Modern theory of punishment generally conflates two questions. The first concerns the justification of state punishment, the second the moral–psychological damage that occurs when a person is violated. The first leads to political theory and a legally based account of wrongdoing and punishment. The second considers the moral–psychological nature of violation, grief and reconciliation. Hegel’s early theological writings provide a critical vantage point from which to view law and the dominant liberal theory of punishment, including his own ‘mature’ position as a founder of modern retributivism. Based on a metaphysics of love, he develops there his account of a perpetrator’s guilt and how a victim might deal with violation, finding a common ground in the grief both may feel. This early metaphysical ethics contrasts with the Philosophy of Right’s later rational, retributive, metaphysics of punishment. The chapter considers critically Axel Honneth’s approach and suggests that the early theological writings are worthy of more consideration than they are often given. This early work might be more mature in psychological terms than Hegel’s later legal and political theory, providing the basis for a critique of that theory that is ethically real and institutionally critical. This is a prototypical ERIC critique pointing towards penal abolition.
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