Abstract
In this paper, we attempt to reconstruct Hegel’s theory of punishment through its development on the levels of abstract right and civil society, incorporating to the latter the concepts of contingency and arbitrariness. We demonstrate how the unjust is annulled and how right is restored under a retributive foundation of the penalty. We approach the issue of the death penalty and conclude that a retributivist argument is insufficient to serve as its foundation.
| Translated title of the contribution | Justice and Punishment in Hegel's Philosophy of Right |
|---|---|
| Original language | Portuguese |
| Pages (from-to) | 153-164 |
| Number of pages | 12 |
| Journal | Revista Brasileira de Direitos Fundamentais & Justiça |
| Volume | 8 |
| Issue number | 28 |
| DOIs | |
| State | Published - 2014 |
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