Love in Law’s Shadow
Political Theory, Moral Psychology and Young Hegel’s Critique of Punishment
Bibliographic Data
| ID | 12283286 |
|---|---|
| Authors | Alan Norrie (0000-0002-1205-5282, University of Warwick, corresponding author) |
| Year | 2018 |
| Volume | 28 |
| Issue | 1 |
| Pages | 10-30 |
| Publication date | 2018-02-26 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0964663918758512 |
| OpenAlex | W2791416180 |
| Language | EN |
| Citations received | 6 |
| References cited | 28 |
Modern theory of punishment conflates two types of question. The first concerns the justification of state punishment, the second the moral damage that occurs when a person is violated, and how the resulting damage can be repaired. The first question leads to political theory and a particular legally based moral grammar of wrongdoing and punishment. The second goes in the direction of a different moral psychology involving a grammar of violation, grieving and reconciliation. Retrieving the young Hegel’s analysis takes us in the second direction. It provides a critical vantage point from which to view the dominant liberal political theory, including Hegel’s own mature position as a founder of retributive theory. The modern theory of state punishment is legitimated by its public association with a moral psychology of violation, which it at the same time suppresses in favour of its own very different moral grammar
Criminal law · Criminology · Economic Justice · Epistemology · Hegelianism · Law and economics · Moral psychology · Political philosophy · Political science · Politics · Punishment (psychology · Retributive justice · Sociology · Sociology of punishment · State (computer science · Wrongdoing · Criminal Law and Policy · Free Will and Agency · Law · Philosophy · Psychology · Social Psychology · War, Ethics, and Justification
Preventive Justice
Reconstructing restorative justice philosophy
Early Theological Writings
World, Mind, and Ethics
Love actually
Love and justice
Law, Ideology and Punishment
In Search of Criminal Responsibility
Making the Modern Criminal Law
Crime, Shame and Reintegration
Hegel
Handbook of Restorative Justice
The Possibility of Naturalism
Emotional Dynamics in Restorative Conferences
Criminal Law and Ethics
The idea of a moral psychology
Conflicts as Property
Shame and Modernity
The Emotion Dynamics of Transitional Justice
| Citations per year | 0.75 |
|---|---|
| Citation span | 2018 - 2023 (6) |
| Highly cited | No |