Vignettes of Morality and Right
摘要
The currenr chapter conceptualizes right and morality as symptomatic aspects of legal history with cultural-psychological impact. The strategic analysis begins with the development and context of objectively given or objectifiable everyday phenomena of criminal law. It examines questions of power (of laws, institutions, morals). The methodical analysis of legal and moral development adopts archaeological and genealogical research and theory concepts of Michel Foucault. With them, not only an ethnography of the exercise of power can be carried out, but also a critical-archaeological as well as genealogical analytics of the philosophy of criminal law of the modern era, paradigmatically developed by Cesare Beccaria in the 18th century. A cultural-psychological focus lies on the utilitarian ethics balancing between individual claims to freedom and socio-political necessity of a useful penal and regulatory law.