PUNISHMENT AS THE OFFENDER'S RIGHT IN G. W. F. HEGEL'S PENAL THEORY

Abstract

Every society all over the world has her detention centres where people are incarcerated or put behind bars because they have been found guilty of having committed one crime or another. Every country spends huge amount of money on daily bases to maintain these detention facilities. The objective of this study is to analyse Hegel's concept of punishment as the right of the offender. The problem that warrants this study is to ascertain what should be the ideal purpose of criminal punishment. This study employs the analytical method of philosophical research. This research submits that punishment should not be one-sided: retribution or deterrence or rehabilitation. It should be all-encompassing. The ideal purpose of criminal punishment should be to maintain social order and justice. This study finds that Hegel's penal theory is retributive. A counter-infringement of an infringement of rights. Owing to the fact that punishment has to do with human beings, who are members of the society under fallible human institutions, and capable of making positive changes in their lives; therefore, this study recommends punitive minimalism, especially for first time offenders. Bearing in mind that what matters most is not the heaviness of the punishment, but the possibility of total change for good.