Edmund Burke characterizes the state as consecrated, or sacred. There is a sense in which Hegel, too, consecrates the state: Hegel says the state is based on religion and that to preserve the state, religion “must be carried into it, in buckets and bushels.” This paper discusses the sense in which Hegel’s state is consecrated by juxtaposing his views with Burke’s. Both Burke and Hegel reject the theory of the divine right of kings, while recognizing religion’s ability to connect people (...) to a totality transcending their particular lives. But the similarities nearly end there. Burke sees religion as a tie that binds people and helps create an ethical community, at least in England; for Hegel religion does not have that function in a modern state. Where Burke thinks commitment to religion is a stabilizing influence, Hegel worries that religion can lead to fanaticism and destroy a state. Consequently, where Burke supports an establishment of religion, Hegel thinks church and state must remain separate. Both Burke and Hegel think the state must tolerate the free exercise of different religions, but Burke is unwilling for the state to tolerate atheists, who he regards as outlaws of the human race. But as Hegel sees the function of religion in a modern state as providing an answer to the existential question of how one’s existence has meaning given that it is inevitably extinguished, and if philosophy can also provide an answer to that question, Hegel’s consecrated state could be a home for atheists. The paper draws on, among other works, Hegel’s Rechtsphilosophie, Philosophy of Religion, Philosophy of History, early theological writings, and for Hegel’s views on state-sponsored religious education, the Nürnberg School Addresses and letters to Niethammer. (shrink)

When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

By probing into how desire is involved in fashion phenomena, this article illuminates Willkür in tandem with desire. It first analyzes how the higher and lower faculties of desire, spelled out by I...

Hegel's logic provides a basis for an interpretation of his philosophy of history and political theory which avoids many of the difficulties that traditionally have been associated with his views, leaving us with a clear and useful model of modern political interaction. The unification of content and form provides for the inherently historicist features of the model, that resolve the traditional dichotomy of description and prescription by presenting the state as a historical process, developing through the opposition between the normative (...) claims of its constituents and the determinate socio-political arrangements existing at any particular stage in its history. The discussion begins with a brief examination of Hegel's doctrines of the concept and the _idea, which it subsequently applies to an interpretation of his concepts of _Sittlichkeit and the state. (shrink)

This book is the Studies in G.W.F. Hegel's Philosophy of Right; Hegel's 'elements of the Philosophy of 'right is his last major published statement not only on the philosophy of law but on ethical theory, natural law, social and political theory as well. The studies of Right, Morality, Ethical Life duscuss Hegel's views both historically and systematically, contrubuting to the lively discussions concerning the signifigance of Hegel's view in the present philosophical context. This book is ment for students of Religion/philosophy.

_Critical essays on Hegel's views concerning the relationship between religion and politics._.

By probing into how desire is involved in fashion phenomena, this article illuminates Willkür in tandem with desire. It first analyzes how the higher and lower faculties of desire, spelled out by I...

By probing into how desire is involved in fashion phenomena, this article illuminates Willkür in tandem with desire. It first analyzes how the higher and lower faculties of desire, spelled out by Immanuel Kant, play a role in fashion, unveiling how fashion as a form of social relations exists in concert with the higher faculty of desire, which has a close connection with Willkür. This article maintains that the arbitrary choice manifested in and through fashion is illustrative of Willkür, on (...) the grounds that it results from a self-conscious deliberation, demonstrating the ‘reflective distance’ from our incentives. Christine M. Korsgaard’s elucidation of the relationship between ‘reflective distance’ and self-consciousness helps formulate this argument. However, this article also discusses the foibles of Korsgaard’s reading of Kant, in particular in the area of theory of action. By doing so, this article argues that reason is not the only factor with which we make choices and take actions within the bounds of which freedom is secured, and that fashion allows us to comprehend not only how the power of choice, independent from necessitation by sensible impulses, exercises its freedom, but also how personal autonomy is related to Kant’s negative concept of freedom. (shrink)

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.