Resumo

BAKER, Eduardo. Reading Hegel as a Criminal Agnostic. Isonomía [online]. 2022, n.57, pp.102-128.  Epub 30-Jun-2023. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.57/2022.453.

This article presents a new reading of Hegel’s theory of punishment, based mainly on his Outlines of the Philosophy of Right, by reading it as an agnostic theory of punishment. The article explores the use of contemporary interpretations of Hegel’s corpus, as in Bates and Žižek, in reading Hegel’s theory of crime and punishment, as well as underexplored aspects of said theory itself. The text shows how the internal contradictions in Hegel’s treatment of punishment text are assimilated into any possible concept or application of punishment. The text centers around the analysis of punishment in the section ‘Abstract Right’, making use of Hegel’s other texts as support in the proposed reading, and concludes with a reflection on the consequences of the text’s reading in the latter sections of Hegel’s text, notably in ‘Ethical Life’.

Palavras-chave : Hegel; philosophy of law; punishment theory; penal agnosticism; criminal law; criminology.