Individual freedom and the supremacy of law: Alan Brudner on criminal justice.

This article examines Alan Brudner's distinctive Hegelian contribution to criminal law theory, emphasizing his view that criminal law is fundamentally tied to the authority of law and the state's exclusive right to rule within a legal order. Unlike the dominant Anglo-American traditions—legal moralism, which justifies criminal law as a response to moral wrongdoing, and generic instrumentalism, which sees it as a tool for achieving social outcomes—Brudner's account situates criminal law as an essential institution for vindicating legal authority itself. His theory, described as classical legal retributivism, holds that criminal punishment communicates the invalidity of unlawful acts against the legal order and must be justified in a liberal framework that respects individuals as free agents. The article also contrasts Brudner's liberal Hegelianism with illiberal Hegelian traditions that emphasize social solidarity or ethical life, highlighting Brudner's unique effort to reconcile Hegelian legal philosophy with liberal political principles.