Hegel’s Understanding of Damage Reparation
Izvleček
In this paper I will outline Hegel’s understanding of damage
reparation. Starting with the hypothesis on the embeddedness of
paragraph 98 of Hegel’s Philosophy of Right in his general theory
of punishment, I will set out the legal nature and functions Hegel
attributes to the institute of damage reparation. Thereafter, I
will compare Hegel’s understanding of damage reparation with
the viewpoints of contemporary general theory and philosophy
of law. Finally, I will determine the extent to which Hegel’s understanding
of damage reparation is in line with the increasingly
perceived need for a new jurisprudential explanation of tort law
and will consider whether this understanding can contribute to
contemporary tendencies in tort-law theory.
References
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