Fenomenologiczna analiza „namysłu” jako element argumentacji w filozofii karania
Phenomenological analysis of “deliberation” as an element of argumentation in punishment philosophy

Summary/Abstract: The author of the given article wanted to do two things: firstly, to introduce the Reinach’s analysis of the deliberation act and, on the basis of it, to show what the phenomenological analysis truly is, and secondly, to show the importance of the analysis of deliberation act and phenomenological analysis for the punishment philosophy. The contents of the article focuses on the issues that can be placed among the issues of punishment philosophy, so thus concerning ethics and the criminal law, and talked about by one of the greatest phenomenologist – Adolf Reinach in his little know work titled: ”Überlegung; ihre ethische und rechtliche Bedeutung”. For Reinach the cause of taking this issue into consideration was the legal solution §§ 211, 212 and 213 of the German penal code, which as a criterion for dividing the crime into manslaughter and murder took deliberation. According to his point of view the exceptional of this consciousness act and its complicated character is e wrong criterion for the penal code (for punishing) as it may cause the ethical queries and may be thought to be “unjust”.

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