PHILOSOPHICAL APPROACH TO THE INTERCULTURALITY OF CRIMINAL LAW【2025|PDF下载-Epub版本|mobi电子书|kindle百度云盘下载】

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Gratitude7

Introduction9

Chapter Ⅰ.The idea of pluralism and human rights in democratic multi-cultural societies19

1.Between the Scylla and Charibdis of cultural relativism19

2.Cosmopolitanism： The philosophy of world citizenship25

3.Ronald Dworkin’s right of equal treatment as the basis of liberal plu-ralistic society32

4.Human rights as the nature of intercultural consensus38

4.1.Human rights - the creation of "Western" imperialism?39

4.2.Human dignity as the basis of human rights45

5.Democracy in the globalization age52

5.1.Democracy in the 21st century52

5.2.Are democracy and human rights compatible?60

Chapter Ⅱ.Discursive - ethical justification of human rights and democracy64

1.The Ethics of Discourse in Karl-Otto Apel’s Transcendental-Pragmatic Philosophy64

1.1.The basis of discourse ethics65

1.2.Universalistic ethics of co-responsibility69

2.Jurgen Habermas’ theory of discursive reconstruction of law80

2.1.The role of procedural communicative rationality in justification of law81

2.2.Communicative reinforcement of democracy - deliberative policy90

3.Main assumptions of Robert Alexy’s legal argumentation103

3.1.The theory of discourse and human rights in Alexy’s philosophy of law105

3.2.Direct and indirect patterns of discursive justification of human rights110

4.Critical character of discourse theory119

Chapter Ⅲ.The principle of mutual recognition as a condition of inter-cultural legal discourse121

1.Philosophical roots of the theory of recognition121

1.1.Interpersonal character of human relations in Fichte’s idea of law121

1.2.Mutual recognition in Hegel’s philosophy of law125

2.General assumptions of the modern theory of recognition132

3.Patterns of intersubjective recognition： Axel Honneth’s moral grammar of social conflicts136

3.1.Love and the fight for recognition136

3.2.The fight for recognition in the sphere of modem law138

3.3.The role of social respect in shaping mutual recognition147

3.4.The principle of mutual recognition and the rules of discourse as constitutive elements for political and legal constructivist com-munity152

Chapter Ⅳ.Punishing as a negative reaction to illegal acts175

1.The notion and justification of punishment in an inclusive constructivist community175

1.1.Constmctivist community as an exponent of the openness of de-mocratic society176

1.2.Punishment as a manifestation of standard social practice183

2.Double justification of punishment in Hegel’s philosophy of law188

2.1.Argument from one’s right189

2.2.Argument from the relation of mutual recognition191

3.Participation in communicative activities and responsibility196

4.The protection of interaction processes in the light of criminal law199

5.Changing roles between the victim and the offender, and the justification of punishment207

6.Relation of criminal law to morality214

Chapter Ⅴ.Punishing as a condition of maintaining social balance226

1.Punishment as the restoration of balance226

2.Public reaction to the evil in the form of condemning the offender235

3.Punishment as a means of restoring the relation of mutual recognition243

3.1.Penal consequences of infringing the principle of mutual recognition244

3.2.Is the act of committing a crime a condition to exclude an offender from the community?249

4.Punishment as a message for society264

5.Interculturaland international penal law266

5.1.Notional relation of "intercultural" and "international" law268

5.2.The idea of the "end of impunity"277

Conclusion284

Literature293