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In ‘Strafe für fremde Schuld’ Harald Maihold uncovered how a doctrine of surrogate punishment in the legal treatises of the Salamanca school gradually gave way to the principle of guilt. This meant that punishment eventually could only be inflicted upon a culprit and no longer upon an innocent. We will use René Girard’s philosophy of (the disruption of) scapegoat mechanisms and sacrifice to develop a coherent interpretation not only of how this institution of surrogate punishment functioned, how it selected its victims and the way it was legitimated, but also of the theology that formed its background. We argue that most of what surrogate punishment is about can be grasped in two words: sacrificial logic. The elimination of surrogation from criminal law would then correspond to the rejection of this logic, an evolution which could be interpreted as a desacralisation or secularisation of criminal law under the influence of the upcoming principle of guilt.
When one considers the results of social scientific surveys, secularisation in Germany seems to be a more or less linear process of erosion of what is traditionally named religiosity. The percentage of citizens who affirm that they are “religious”, believe in God or otherworldly beings, hope for life after death or participate regularly in the praxis of a religious community has been – by and large – steadily declining for decades. This decline has occurred over the succeeding generations: The younger the generation, the fewer “religious” people in it. But the process of secularisation is apparent not only in this persistent quantitative shrinkage from generation to generation. Above all it also manifests itself – this is the thesis of the article – in the transformation of the habitus formations and contents of faith of the generations. The essence of ongoing secularisation naturally is reflected most clearly in its contemporary state of development which is represented in the youngest adult generation. Therefore the analysis of this generation is particularly interesting for the sociology of religion. But the article does not confine to analyze this generation. After indicating some basic premises of the sociology of generations and the notion of secularisation presupposed in this paper, the succession of generations in Germany is outlined hypothetically, from the so-called generation of ´68 to the youngest adult generation, concluding with some remarks about the progress of secularisation.
Like identical twins, philosophy and history seem to be tied together in an uneasy way. On the one hand, philosophy is very concerned to engage with the history of philosophy. There are not many other branches of knowledge so preoccupied with continually referring back to their own 'classics'. On the other hand, quite a few of these classical authors did not hold history in high esteem. Aristotle, as is well known, even preferred drama to history, arguing that the latter merely concerned contingent issues. The marriage between history and philosophy quite often results in monsters like Hegelian philosophy of history: grand narratives that are all too easy to criticize and to debunk. If we want to better understand this complex relationship between philosophy and history, it might be worth turning to the German philosopher Hans Blumenberg.