Hegelian restorative justice

In the Philosophy of Right, Hegel claims that crime is a negation of right and punishment is the “negation of the negation.” Punishment, for Hegel, “annuls” the criminal act. Many take it that Hegel endorses a form of retributivism—the theory that criminal offenders should be subject to harsh treatment in response and in proportion to their wrongdoing. Here I argue that restorative criminal justice is consistent with Hegel's remarks on punishment and his overall philosophical system. This is true, in part, because restorative justice integrates Hegel's instructive discussion of confession and forgiveness in the Phenomenology of Spirit. Hegel claims that true moral relationships allow space for persons to confess their moral shortcomings and forgive the shortcomings of others. Restorative criminal justice brings the perpetrators and victims of crime together to offer confessions and forgiveness and to work to heal the various wounds caused by crime. I do not claim that Hegel must be read as advocating restorative justice. While Hegel tells us what punishment does, he does not commit himself to any form of punishment. What I offer here is a rational, progressive reconstruction and extension of Hegel's conception of crime and punishment.     

Hegel,modal logic,and the social nature of mind

ABSTRACT

Hegel's Phenomenology of Spirit provides a fascinating picture of individual minds caught up in “recognitive” relations so as to constitute a realm—“spirit”—which, while necessarily embedded in nature, is not reducible to it. In this essay I suggest a contemporary path for developing Hegel's suggestive ideas in a way that broadly conforms to the demands of his own system, such that one moves from logic to a philosophy of mind. Hence I draw on Hegel's “subjective logic”, understood in the light of modern modal logic, in an attempt to model the way minds might be thought as connected by way of shared intentional contents. Here, we should not be surprised at some of the parallels that emerge between the approaches of Hegel and the modal logician Arthur Prior, as Prior had testified to the influence of his teacher, John N. Findlay, who himself had strong Hegelian leanings. In the final section, Robert Stalnaker's version of possible-world semantics is suggested as a framework within which Hegel's recognitive account of the mind might be understood.     

SECOND NATURE AND SPIRIT: HEGEL ON THE ROLE OF HABIT IN THE APPEARANCE OF PERCEPTUAL CONSCIOUSNESS

Hegel's discussion of the concept of “habit” appears at a crucial point in his Encyclopedia system, namely, in the transition from the topic of “nature” to the topic of “spirit” (Geist): it is through habit that the subject both distinguishes itself from its various sensory states as an absolute unity (the I) and, at the same time, preserves those sensory states as the content of sensory consciousness. By calling habit a “second nature,” Hegel highlights the fact that incipient spirit retains a “moment” of the natural that marks a limitation compared to “pure thought” but that also makes perceptual consciousness possible. This makes Hegel's account analogous in important respects to John McDowell's “naturalism of second nature.” But Hegel's account of habit can be seen as a version of a Kantian synthesis of the productive imagination—and hence presupposes a given material that can become one's own by means of habit. This does not mean that Hegel falls into the Myth of the Given, but it does suggest that an appropriate account of second nature might be committed to something McDowell wants to deny: that nonconceptual states of consciousness play a role (even if not a justificatory role) in perception.     

Hegel on Space: A Critique of Kant's Transcendental Philosophy

This paper considers Hegel's views on space and his account of Kant's theory of space. I show that Hegel's discussions of space exhibit a deep understanding of Kant's apriority argument in the first Critique , commit him to the central premise of that argument, and separate his concerns from the familiar problem of the neglected alternative. Nevertheless, Hegel makes two objections to Kant's theory of space. First, he argues that the theory is internally inconsistent insofar as Kant's identification of space with an a priori intuition is incompatible with the doctrine of productive imagination in the transcendental deduction of the categories. Second, Hegel argues that the apriority argument is insufficiently critical insofar as it relies upon an unexamined theory of subjectivity as a set of representational capacities. I conclude by outlining Hegel's strategy for undermining the assumptions concerning subjectivity that give form to Kant's transcendental philosophy. Because Hegel's positive views on space depend upon his articulation of an alternate notion of subjectivity, the account of Hegel's position on space offered here remains incomplete. On the other hand, considering Hegel's discussions of space demonstrates both the nature and the importance of his examination of subjectivity in the Phenomenology.     

The Art of Nature: Hegel and the Critique of Judgment

This essay examines the reasons for Hegel's frequently professed claim that Kant's Critique of Judgment simultaneously reveals the internal limits of critical philosophy and opens the door to his own system of speculative idealism. It evaluates Hegel's contention that the conceptions of aesthetic experience, organic purposiveness, and the intuitive intellect developed in the third Critique together conspire to undermine the epistemological and metaphysical foundations of the theories of nature and freedom advanced in the first and second Critiques . Finally it explains how Hegel understands his logic and real philosophy as a realist and quasi-naturalistic alternative to Kant's subjective idealism, one that purports to generate a system of categories adequate not only to dead matter but also to organic life and free self-conscious spirit.     

HEGEL'S LEGACY

Answering the challenge of G. W. F. Hegel's idealism and its perceived logocentrism has arguably been a defining feature of nineteenth‐ and twentieth‐century continental philosophy. Today, in the midst of a Hegel renaissance, Hegel's legacy within continental philosophy is far more ambivalent. In this essay, I cut across debates about the status of Hegel's idealism in order to offer a reflection on the legacy of Hegel by reconstructing a Hegelian notion of legacy. I develop this notion in response to Jacques Derrida's discussion of inheritance in Specters of Marx (1993). Both Hegel and Derrida articulate the structure of legacy, inheritance, and history on the basis of the strictures of gathering. For both, gathering is an act of memory that determines a legacy as a legacy, a history as a history. Gathering determines an event, norm, idea, or institution as something to be passed on for a future to come. While Derrida concludes that inheritance implies decision, Hegel's recollection provides the basis for what I will call a critical history, which contributes to any such decision in crucial ways.     

The Extended Mind Rehabilitates The Metaphysical Hegel

The nonmetaphysical interpretation of Hegel's philosophy asserts that the metaphysical reading is not credible and so his philosophy must be rationally reconstructed so as to elide its metaphysical aspects. This article shows that the thesis of the extended mind approaches the metaphysical reading, thereby undermining denials of its credibility and providing the resources to articulate and defend the metaphysical reading of Hegel's philosophy. This fully rehabilitates the metaphysical Hegel. The article does not argue for the truth of the metaphysical Hegel's claims. Rather, it defends the correctness of reading his philosophy as metaphysical.     

On Naturalism in Hegel's Philosophy of Spirit

In recent years, philosophers have become increasingly interested in a Hegelian approach to Aristotelian non-reductive naturalism. This paper points out a challenge faced by naturalist readings of Hegel's conception of spirit. For Hegel, spirit and nature are essentially distinct and even related in an antagonistic way. It is difficult to do full justice to this thought while at the same time reading Hegel as a naturalist. The paper also seeks to suggest a response to this challenge. Drawing on Hegel's account of mechanism in his philosophy of spirit, it shows that processes which can count as natural – such as mechanical processes – constitute for Hegel an integral and indispensable part of spiritual activity. Against this background, it is possible to develop a form of Hegelian naturalism which does not lose sight of the essential distinction, even opposition of spirit and nature.     

Hegel on Rectitude and “Virtue as Such”

Many philosophers read Hegel as rejecting Kant's ethics of duty and advocating a more or less Aristotelian conception of virtue. However, in the Philosophy of Right Hegel sharply criticizes the ancient conception of virtue, or “virtue proper,” in his terms, and distinguishes it from a more modern concept of virtue, which he calls “rectitude.” In this paper I argue that interpretations that overlook or downplay the significance of the distinction between rectitude and virtue proper are wrong, and I also put forward my own positive interpretation of Hegel's views on virtue. I am mainly concerned with defending two sets of claims: (1) Rectitude is fundamentally different from Aristotelian and other ancient conceptions of virtue. (2) Hegel believes that in modern society acting with rectitude is, in all normal circumstances, superior to attempting to use virtue proper to try to figure out what one should do. I also argue that the conception of virtue I attribute to Hegel has some distinct advantages over Aristotelian conceptions of virtue.     

Adorno,Hegel, and Dialectic

This article explores critical theory's relations to German idealism by clarifying how Adorno's thought relates to Hegel's. Adorno's apparently mixed responses to Hegel centre on the dialectic and actually form a coherent whole. In his Logic, Hegel outlines the dialectical process by which categories – fundamental forms of thought and reality – necessarily follow one another in three stages: abstraction, dialectic proper, and the speculative (famously simplified as ‘thesis, antithesis, synthesis’). Adorno's allegiance to Hegel's dialectic emerges when he traces the dialectical process whereby enlightenment reverts to myth and human domination over nature reverts into our domination by nature. However, Adorno criticizes Hegel's dialectic as the ultimate form of ‘identity thinking’, subsuming unique, material objects under universal concepts by using dialectical reason to expand those concepts to cover objects utterly. These two responses cohere because Adorno shares Hegel's view that dialectical contradictions require reconciliation, but differs from Hegel on the nature of reconciliation. For Hegel, reconciliation unites differences into a whole; for Adorno, reconciled differences co-exist as differences. Finally, against Habermas who holds that Adorno cannot consistently criticize the enlightenment practice of critique, I show that Adorno can do so consistently because of how he reshapes Hegelian dialectic.     

Derrida's “Antigonanette”: On the Quasi‐Transcendental

In this article, I rely both on Derrida's 1974 work Glas, as well as Derrida's 1971–72 lecture course, “La famille de Hegel,” to argue that the concept of the quasi‐transcendental is central to Derrida's reading of Hegel and to trace its implications beyond the Hegelian system. I follow Derrida's analysis of the role of Antigone—or, as the lecture course has it, “Antigonanette”—in Hegel's thought to argue that the quasi‐transcendental indicates a re(con)striction of empirical difference into the transcendental, which is thereby only ever provisionally transcendental. I then argue that the economy of difference indicated by the quasi‐transcendental is neither a general economy, nor is it in each case singular, but rather it ambivalently oscillates between these two. Finally, I treat the temporality of the quasi‐transcendental, arguing that the economy of difference indicated by the quasi‐transcendental is not prior to the re(con)striction of empirical difference, but is paradoxically produced by it by being retroactively constituted. I take up this analysis for the sake of describing what I contend is the quasi‐transcendental structure of constitutive exclusion, a way of understanding the conceptual structure of political bodies, and the political structure of concepts.     

Organic imagination as intuitive intellect: Self‐knowledge and self‐constitution in Hegel's early critique of Kant

This paper concerns Hegel's early treatment of the productive imagination in his 1803–1804 Faith and Knowledge. I show how he articulates that activity in terms of a pair of speculative unities, which solve lingering problems of self‐knowledge and self‐constitution from Kant's B‐deduction. On the one hand, I argue that the familiar unity of spontaneity and receptivity makes possible knowledge of the moment of self‐positing. On the other hand, I contend that Hegel's talk of imagination as both an “organic idea” and an “intuitive intellect” refers to a self‐constituting capacity that intellects like ours possess. I show that self‐constitution is possible, for Hegel, only in so far as intellects like ours possess a capacity to unify possibility and actuality in thought, or to think themselves into being.     

Consciousness and Hegel's Solution to the Problem of the Criterion

Traditional epistemological interpretations have portrayed Hegel as offering a coherentist solution to the problem of the criterion in the introduction to The Phenomenology of Spirit. In this paper, I criticize the coherentist interpretation and present an alternative reading that emphasizes the central role of conscious experience in Hegel's argument. In the first part of the paper, I show how the passages commonly used to support the coherentist interpretation ultimately fail to do so and argue that coherence by itself cannot be the lynchpin for an adequate solution to the problem of the criterion. In the second part, I then develop a novel interpretation of Hegel's argument by drawing attention to the fact that Hegel formulates both the problem of the criterion and his solution to it in terms of consciousness.     

Gender and the Ethical Given

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. On this interpretation, Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics.     

Kierkegaard's Phenomenology of Spirit

Kierkegaard's preoccupation with a separation between the ‘inner’ and the ‘outer’ runs through his work and is widely thought to belong to his rejection of Hegel's idealist monism. Focusing on The Concept of Irony and Either/Or, I argue that although Kierkegaard believes in various metaphysical distinctions between inside and outside (the inwardness of faith and the outwardness of ethics and language; the inwardness of emotion and the outwardness of behavior), he nonetheless understands the task of the philosopher as that of making outside and inside converge in a representation. Drawing on Hegel's philosophy of art, I show that Kierkegaard's project in both of these books is the aesthetic project of revealing the inner essence of something in its outward appearance. Kierkegaard's portrait of Socrates in The Concept of Irony is a phenomenology of the spirit of irony. My interpretation adds a new dimension to our understanding of Kierkegaard's aesthetics and his relation to Hegel; it presents him as a follower of Plato, whom he is usually thought to have dismissed; and it uncovers a deep connection between Kierkegaard's first two books, which are never read in conjunction.     

How the Good Obligates in Hegel's Conception of Sittlichkeit: A Response to Robert Stern's Understanding Moral Obligation

Abstract

In Understanding Moral Obligation: Kant, Hegel, Kierkegaard, Robert Stern argues that Hegel has a social command view of obligation. On this view, there is an element of social command or social sanction that must be added to a judgment of the good in order to bring about an obligation. I argue to the contrary that Hegel's conception of conscience, and thus the individual's role in obligation, is more central to his account than the social dimension. While agreeing with Stern that Hegel's conception of Sittlichkeit does preserve a role for obligation, and that the social plays an important part in that account, I argue that there is no extra social component that converts the morally good into obligation. Rather, Hegel's conception of Sittlichkeit as the “living good” means that judgments of the moral facts are simultaneously judgments of obligation.     

From Rechtsphilosophie to Staatsökonomie: Hegel and the philosophical foundations of political economy

Although Hegel is increasingly recognized as an important figure in the history of political economy, his economic views are never strictly economic. In contrast to other modern thinkers, his primary concern is not the economic efficacy of different practices or institutions but the extent to which they enable and promote the development of human freedom. In this article, I argue that Hegel's pioneering critique of modern liberal economy plays out simultaneously at a more empirical level, corresponding to the properly economic dimension of his analysis, and at a deeper, logical level, which grounds and guides his position. Moreover, I argue that the tendency to favour the first of these levels, found in most of the literature on Hegel's economic thought, reduces the Philosophy of Right's main argument to a more or less vigorous plea for economic interventionism. Against this kind of reading, I show that a renewed focus on the text's logical structure reveals a different and more radical philosophical proposition, which has yet to be fully acknowledged. In particular, I argue that Hegel's dialectical logic leads him beyond the liberalism-interventionism debate, towards a qualitatively different conception of social and economic relations     

A Theory of Tragic Experience According to Hegel

Abstract: Hegel's theory of tragedy is often considered to be primarily a theory of the objective powers involved in tragic conflicts—for Hegel, these are paradigmatically competing ethical notions—and of the rationality which underlies and drives such conflicts. Such a view follows naturally from a close reading of Hegel's discussion of classical Greek tragedy in his Lectures on Aesthetics. However, this view gives rise to the question of whether Hegel's theory of tragedy can account for the significance of tragic experience, in particular the experience of tragic suffering; it has been argued repeatedly that it cannot. In contrast, I want to suggest in this paper that a theory of tragic experience can be derived from Hegel's Phenomenology of Spirit. This Hegelian theory of tragic experience, I argue, should be understood as complementing rather than challenging Hegel's theory of objective tragic conflict.