THEORIES OF PUNISHMENT IN THE WORKS OF REPRESENTATIVES OF GERMAN CLASSICAL PHILOSOPHICAL AND LEGAL THEORY // Вестник БГУ. Юриспруденция. - 2023. №1. . - С. 5-9.

THEORIES OF PUNISHMENT IN THE WORKS OF REPRESENTATIVES OF GERMAN CLASSICAL PHILOSOPHICAL AND LEGAL THEORY

DOI: 10.18101/2658-4409-2023-1-5-9 UDK: 343.01

The article discusses the philosophical and legal views of Kant and Hegel, representatives of German classical philosophy, on the nature, goals and essence of punishment phenomenon. The author notes that the concept of «retaliation» is the basis of German philosophers’ ideas, which has a long history of development within the framework of the state right idea to enforce a penal policy against persons who have violated law. The Kant’s views on punishment are inextricably connected with his concept of the «moral imperative» and, in general, the moral theory that he developed. The article points out that the search for an optimal, «absolute» balance between the crime committed and the punishment inflicted for it is unattainable and, therefore, Kant’s theory of punishment does not allow to form the basis of a practical system for inflicting and applying punishment. The Hegel’s ideas on punishment are based on his general dialectical approach: the identification of complex relationships between the crime and the punishment, and formation of a more coherent system of the «dialectical retaliation theory».

theories of punishment, philosophy of law, German classical philosophy, philosophy of punishment and crime, retaliation, crime.