Suchergebnisse

This article seeks to recover & uncover the nonutilitarian excess (jouissance) in crime & punishment since Immanuel Kant. Jouissance is sharply contrasted with Friedrich Nietzsche's account of ressentiment. The latter is analyzed as the predominant sensation of our penal system, which, until today, structures the subjects & institutions of punishment from within. Jouissance, on the other hand, is obscured in philosophies of punishment that attempt to account for the will to punish but ultimately fail to cover over the excess that constitutes penal theories & practices. Whether it is visible in Kant's punitive fervor, in the exploration of perversion in the Marquis de Sade & Edgar Allan Poe, in theories of deterrence & prevention or punitive convictions in our contemporary legal culture, Sigmund Freud's discovery of a realm beyond the pleasures principle remains crucial for the understanding of the motives for crime & punishment. The essay concludes with a discussion of Nietzsche & his exploration of the ramifications of recognizing the role of new affects in crime & punishment. 34 References. Adapted from the source document.

The figure of the "Kafkaesque" in law serves often as a stand-in for something like "perverted justice" & ranks prominently among the legal profession as a whole. But we should not soothe ourselves with such obvious cliches surrounding the "Kafkaesque," rather we must continue to pursue the disturbing challenge Kafka poses for the analysis of the law. It is clear that Kafka's texts hit a certain nerve of modern law that reaches well beyond these familiar punchlines. It is the task of this article to uncover some of the reasons why Franz Kafka strikes such a strong cord with both legal scholars & people outside of academia alike. 28 References. Adapted from the source document.