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Book part
Publication date: 9 December 2003

Klaus Mladek

This article seeks to recover and uncover the non-utilitarian excess (jouissance) in crime and punishment since Kant. Jouissance is sharply contrasted with Nietzsche’s account of…

Abstract

This article seeks to recover and uncover the non-utilitarian excess (jouissance) in crime and punishment since Kant. Jouissance is sharply contrasted with Nietzsche’s account of ressentiment. The latter is analyzed as the predominant sensation of our penal system which until today structures the subjects and 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 and practices. Whether it is visible in Kant’s punitive fervor, in the exploration of perversion in de Sade and E. A. Poe, in theories of deterrence and prevention or punitive convictions in our contemporary legal culture, Freud’s discovery of a realm beyond the pleasures principle remains crucial for the understanding of the motives for crime and punishment. The essay concludes with a discussion of Nietzsche and his exploration of the ramifications of recognizing the role of new affects in crime and punishment.

Details

Punishment, Politics and Culture
Type: Book
ISBN: 978-0-76231-072-2

Book part
Publication date: 10 December 2003

Klaus Mladek

The figure of the “Kafkaesque” in law serves often as a stand-in for something like “perverted justice” and ranks prominently among the legal profession as a whole. But we should…

Abstract

The figure of the “Kafkaesque” in law serves often as a stand-in for something like “perverted justice” and ranks prominently among the legal profession as a whole. But we should not soothe ourselves with such obvious clichés 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 Kafka strikes such a strong cord with both legal scholars and people outside of academia alike.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

Book part
Publication date: 10 December 2003

Abstract

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

Book part
Publication date: 9 December 2003

Abstract

Details

Punishment, Politics and Culture
Type: Book
ISBN: 978-0-76231-072-2

Book part
Publication date: 10 December 2003

Abstract

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

Book part
Publication date: 9 December 2003

Abstract

Details

Punishment, Politics and Culture
Type: Book
ISBN: 978-0-76231-072-2

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