AMNESTIE BEI DOSTOEVSKIJ

IF 0.1 0 HUMANITIES, MULTIDISCIPLINARY Folia Linguistica et Litteraria Pub Date : 2021-11-08 DOI:10.31902/fll.38.2021.10
Sebastian Kornmesser
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Abstract

The term amnesty means the waiving of punishment (to a group of people) without, however, erasing the guilt. Amnesties are usually granted in connection with political events such as national or international peace amnesties in times of political change or wars. However, there are also waivers of criminal prosecutions, popularly known as "mercy before justice". Amnesties can therefore be seen, on the one hand, as a humane act of mercy, but on the other hand they can also cause problems in the population's sense of justice, since punishments are treated differently, and the principle of equality is shaken. The concepts of punishment, guilt and innocence, as well as their representation, offer a basis for the question of how amnesties are formed in Dostoevsky's texts. Dostoevsky's characters are usually ambivalent and challenge a reflective reading as well as an ethical judgement. By making social injustice an important theme in his texts, the author focuses on the restoration of justice through amnesty. A co-responsibility in society as well as a co-guilt in a higher sense form the core of his argumentation, both as a contrast to justice, which considers the guilt of the individual, and as a consideration of man's hereditary guilt and his responsibility to the community. A comparison with ancient Greek jurisprudence also shows that amnesties were closely connected with the collective, with emotion and ritual. This results in new ways of looking at prominent texts by Dostoevsky, as will be shown with the example of The Brothers Karamazov and other works. This will provide a brief overview of how Dostoevsky understands guilt and innocence, what function punishment has in his texts and how amnesty emerges as a result
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赦免贝多斯托夫斯基
赦免一词的意思是(对某一群人)免除惩罚,但不消除罪行。大赦通常与政治事件有关,如政治变革或战争时期的国家或国际和平大赦。然而,也有刑事起诉的豁免,俗称“先仁慈后正义”。因此,大赦一方面可以被看作是一种仁慈的人道行为,但另一方面,它们也可能在人民的正义感方面造成问题,因为惩罚受到不同的对待,平等的原则受到动摇。惩罚、有罪和无罪的概念,以及它们的表现形式,为陀思妥耶夫斯基文本中大赦是如何形成的问题提供了基础。陀思妥耶夫斯基笔下的人物通常是矛盾的,他们挑战着一种反思性的阅读和一种伦理判断。作者将社会不公作为其文本的一个重要主题,重点关注通过大赦来恢复正义。社会上的共同责任以及更高意义上的共同罪责构成了他论证的核心,既与正义形成对比,后者考虑的是个人的罪责,也考虑了人的遗传罪责及其对社会的责任。与古希腊法理学的比较也表明,大赦与集体紧密相连,带有情感和仪式色彩。这就产生了看待陀思妥耶夫斯基杰出作品的新方法,正如《卡拉马佐夫兄弟》和其他作品的例子所示。这将简要概述陀思妥耶夫斯基是如何理解有罪和无罪的,惩罚在他的文本中有什么作用,以及大赦是如何出现的
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来源期刊
Folia Linguistica et Litteraria
Folia Linguistica et Litteraria HUMANITIES, MULTIDISCIPLINARY-
CiteScore
0.10
自引率
0.00%
发文量
29
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