%0 Journal Article
%T Love in LawĄŻs Shadow: Political Theory, Moral Psychology and Young HegelĄŻs Critique of Punishment
%A Alan Norrie
%J Social & Legal Studies
%@ 1461-7390
%D 2019
%R 10.1177/0964663918758512
%X 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 HegelĄŻs analysis takes us in the second direction. It provides a critical vantage point from which to view the dominant liberal political theory, including HegelĄŻs 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
%K Grief
%K moral psychology
%K political theory
%K punishment
%K reconciliation
%K violation
%K young Hegel
%U https://journals.sagepub.com/doi/full/10.1177/0964663918758512