Kant's theory of punishment: Deterrence in its threat, retribution in its execution
Law and Philosophy 8 (2):151 - 200 (1989)
| Abstract | Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,875 |
| External links |
 |
| Through your library | Configure |
Similar books and articlesJane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Douglas Lind (1994). Kant on Criminal Punishment. Journal of Philosophical Research 19:61-74.
Attila Ataner (2006). Kant on Capital Punishment and Suicide. Kant-Studien 97 (4):452-482.
Thom Brooks (2001). Corlett on Kant, Hegel, and Retribution. Philosophy 76 (4):561-580.
Jean-Christophe Merle (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311 - 338.
Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
Merle J.-C. (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311-338.
Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (02):206-.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads192 ( #1,483 of 556,837 )Recent downloads (6 months)7 ( #11,112 of 556,837 )How can I increase my downloads? |
My notes
Discussion
