David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Utilitas 21 (3):276-296 (2009)
One of the most potent motivations for retributivist approaches to punishment has been their apparent connection to an ethical background shaped by the Kantian notion of morally autonomous and rational human agency. The present article challenges the plausibility of this connection. I argue that retributivism subverts, rather than embodies, the normative consequences of moral autonomy, justifying a social practice that conflicts with the considered judgments that the proper recognition of moral autonomy would authorize. The core of my case is the analysis of whether a punishment should be understood as a restriction of a criminal's freedom properly understood. I argue that the affirmative view faces serious difficulties that have not been, and are not likely to be, resolved by retributivist justifications that draw their support from Kantian moral theory
|Keywords||Punishment Retributivism Divided self Kant|
|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
Monima Chadha (2001). Perceptual Cognition: A Nyaya-Kantian Approach. Philosophy East and West 51 (2):197-209.
Lina Papadaki (2010). Kantian Marriage and Beyond: Why It Is Worth Thinking About Kant on Marriage. Hypatia 25 (2):276 - 294.
Anthony L. Brueckner (1983). Transcendental Arguments I. Noûs 17 (4):551-575.
Nathaniel Goldberg & Matthew Rellihan (2008). Incommensurability, Relativism, Scepticism: Reflections on Acquiring a Concept. Ratio 21 (2):147–167.
D. Dolinko (1997). Retributivism, Consequentialism, and the Intrinsic Goodness of Punishment. Law and Philosophy 16 (5):507-528.
Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
J. Angelo Corlett (2003). Making More Sense of Retributivism: Desert as Responsibility and Proportionality. Philosophy 78 (2):279-287.
Christopher Ciocchetti (2009). Emotions, Retribution, and Punishment. Journal of Applied Philosophy 26 (2):160-173.
Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Added to index2009-08-23
Total downloads55 ( #44,654 of 1,699,831 )
Recent downloads (6 months)9 ( #69,042 of 1,699,831 )
How can I increase my downloads?