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On Hobbes' Punishment Theory

Posted on:2019-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiuFull Text:PDF
GTID:2416330545451650Subject:Law
Abstract/Summary:PDF Full Text Request
Hobbes was the great political philosopher of modern times,and he developed the State theory which was different from the classical political philosophy by introducing the natural condition of mankind.Hobbes' theory of punishment theory was built on the basis of his State theory.From the point of view of the State Theory,not only Hobbes' thought of punishment can be observed more comprehensively,but also it made great significance to the development of western thought of punishment.Hobbes deeply analyzed the origin of the punishment power,starting from his Natural State Theory,he demonstrated the sovereign is the core of the theory of State,and sovereign supremacy had paved the way for the country's punishment power.In his theory of Nature State,there is no punishment until the state is established.Punishment is not given to the state by its citizens,but by contracts.On this basis,Hobbes believed that the purpose of punishment was not revenge but to tame the subjects and obey the country and law.Hobbes also offered his own unique views on sin and punishment.Only a violation of a law enacted by the state can be called a crime,and the state can punish it,thus ruling out natural law and religious doctrine as the basis for punishment.And when punishing a crime,it must also follow the law.Although Hobbes realized the close relationship between law and punishment,he touched the ideology of legally prescribed punishment for a modern criminal law,but constrained by the thought of the theory of sovereign states,he cannot develop the idea of restriction of state power.Hobbes' punishment thought made great contribution to the penal.Beccaria theory benefit from his idea,and he further perfected the theory of crime,and then promoted the reform of the modern penal system and penal theory.
Keywords/Search Tags:Hobbes, Punishment, Sovereign, Theory of state of nature, State theory
PDF Full Text Request
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