A Kantian critique of Kant's theory of punishment
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (3):311-338 (2000)
In contrast to the traditional view of Kant as a pure retributivist, the recent interpretations of Kant's theory of punishment (for instance Byrd's) propose a mixed theory of retributivism and general prevention. Although both elements are literally right, I try to show the shortcomings of each. I then argue that Kant's theory of punishment is not consistent with his own concept of law. Thus I propose another justification for punishment: special deterrence and rehabilitation. Kant's critique of utilitarianism does not affect this alternative, which moreover has textual support in Kant and is fully consistent with his concept of law.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Douglas Lind (1994). Kant on Criminal Punishment. Journal of Philosophical Research 19:61-74.
Jean-Christophe Merle (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 (2):206.
Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
B. Sharon Byrd (1989). Kant's Theory of Punishment: Deterrence in its Threat, Retribution in its Execution. [REVIEW] Law and Philosophy 8 (2):151 - 200.
Thom Brooks (2001). Corlett on Kant, Hegel, and Retribution. Philosophy 76 (4):561-580.
George Schedler (2011). Retributivism and Fallible Systems of Punishment. Criminal Justice Ethics 30 (3):240-266.
J. Angelo Corlett (2001). Making Sense of Retributivism. Philosophy 76 (1):77-110.
Added to index2009-01-28
Total downloads60 ( #70,475 of 1,796,172 )
Recent downloads (6 months)1 ( #468,533 of 1,796,172 )
How can I increase my downloads?