In this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of the Unrecht passage in the ‘Abstract Right’ section of Hegel's Elements of the Philosophy of Right suggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the role of punishment in (...) Hegel's account. Next, I argue that this needs to be situated in Hegel's broader social philosophy and that we can accomplish this by looking at how the Unrecht passage fits in the Elements of the Philosophy of Right’s dialectical structure. I do so by building on the sections on civil society and state in the part of Elements of the Philosophy of Right dealing with ethical life (Sittlichkeit), which include considerations of prevention and rehabilitation. I contend that this analysis reveals an account of punishment as more complicated than simple retribution. (shrink)

The First Amendment gives U.S. citizens a Hohfeldian legal immunity that disables Congress from removing citizens’ legal liberty to criticize the government. Any attempt by Congress to remove this liberty would fail, but such an attempt would still wrong citizens. The familiar concept of claim-violation does not fully account for this wrong. Claims name actions that ought not be performed and are violated when those actions are performed. Immunities names actions that cannot be performed. Congress would wrong citizens not by (...) doing something it ought not do but by attempting and failing to do something it cannot do. Using elements of Jean Hampton’s expressive theory of punishment, I analyze Congress’ attempt as an expressive act that denies the existence of immunities. Congress’ immunity-“contradiction” would wrong U.S. citizens by denying the value that generates the immunity, by causing damage to the acknowledgement of the citizens’ value, and by threatening the existence of the immunity. (shrink)

"An eye for an eye will make the whole world blind." This quote, often attributed to Gandhi, suggests the illegitimacy of the retributive urge. On the other hand, many feel a strong intuitive sense that "justice must be served" and that violators of justice must be fittingly punished. In this paper I examine the urge for retributive justice and argue that, at its base, it is rooted in a profound desire to have a wrongdoer see the nature of his or (...) her wrongdoing, with the ultimate aim of inducing the repentance and reformation needed for a genuine healing of relationship. In this way, the urge for retributive justice may be seen as having, as its true end, the restoration of wholesome relations between wrongdoer and wronged. (shrink)