Titlebook: Law, Ideology and Punishment; Retrieval and Critiq Alan W. Norrie Book 1991 Kluwer Academic Publishers 1991 Georg Wilhelm Friedrich Hegel.I

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The Birth of Juridical Individualism: Hobbes and the Philosophy of Punishment,ern theories of punishment. There are three main theories — the retributive, the utilitarian and the rehabilitative — and of these, the liberal ideal is most closely linked with, indeed based upon, the retributive theory of punishment. That is why even modern legal philosophers, writing within a uti

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Purifying Juridical Individualism: Kantian Retributivism,e and an ideal juridical account of political obligation which ‘liberated’ man from his natural self. But in Hobbes, man’s material nature continues to contradict his other ideal juridical self, for the liberation is only superficial. The result is a philosophical eclecticism in which opposing views

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,Rationalising Juridical Individualism and the Rise of ‘The Irrational’: Hegel,dern classical retributive theory of punishment. That theory has two essential, related components. First, punishment of the individual is justified by reference to the individual, and not some extraneous source (society in general, the rights of others, etc.). This justification is based upon the i

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,Abstract Right and the Socialisation of Wrong: Retributivism’s English Decline and Fall,en juridical individualism and the reality of individual life slowly develops. In the first place, material realities are understood in the atomised form of an actual individual determined by his psychic and physiological nature. Gradually, however, the view of the isolated natural individual become

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Juridical Individualism and State Power: Utilitarianism in the Twentieth Century,philosophical ideologies developed from the nature of juridical ideology in that period would exhibit an uneasy coexistence and tension between contradictory elements of individualistic and interventionist doctrine. Pashukanis argued that in the sphere of legal theory, the result of the historical d

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Juridical Individualism, State Power And Legal Reasoning,o the practice of law itself through an analysis of legal doctrine and the excusing conditions. In this chapter, I pursue the same strategy in relation to the law’s second antithesis by means of an analysis of recent leading English cases concerning questions of criminal responsibility and punishmen

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