Surplus Repressive Punishment and Spirit’s Regressive (de-)Actualisation

Abstract

This chapter begins with a provoking claim: the real problem here is not the natural dimension involved in criminality. Instead, it argues that the real threat to freedom’s social actualization is the way in which the state’s disciplinary apparatus reacts to violations of right. It shows that if criminality needs to be framed in terms of nature then so does punishment. If punishment functions to (re-)habituate transgressive persons, then one of its inherent risks is that it might operate as a brute externality, a natural force. In functioning as an external natural force, punishment actively mutilates the freedom constitutive of juridical personhood. Not only does this mutilation undermine the individual it also actively undermines spirit’s social (objective) expression as freedom because such a practice serves to (a) fragment and alienate the person and (b) the totality constituting the body politic. This threat is what the chapter calls “surplus repressive punishment.” This problem as a whole is what the chapter denotes with “spirit’s regressive (de-)actualization.” Consequently, the problem nature poses in Hegel’s system is even more complex when considered in terms of how the polis’ institutions frame, understand, and react to that very same problem.