Ratio 18 (2):237–245 (2005)
In this journal, Michael Clark defends a "A Non-Retributive Kantian Approach to Punishment". I argue that both Kant's and Rawls's theories of punishment are retributivist to some extent. It may then be slightly misleading to say that by following the views of Kant and Rawls, in particular, as Clark does, we can develop a nonretributivist theory of punishment. This matter is further complicated by the fact Clark nowhere addresses Rawls's views on punishment: Rawls endorses a mixed theory combining retributive and utilitarian features. Of those discussed by Clark, only Scanlon defends the use of nonretributivist punishments. Yet, here too Clark nowhere addresses Scanlon's views on punishment. Thus, Clark's views on retributive punishment are highly problematic.
|Keywords||Kant punishment retribution retributivism Rawls Scanlon deterrence|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
The Rise and Fall of the Mixed Theory of Punishment.Whitley Kaufman - 2008 - International Journal of Applied Philosophy 22 (1):37-57.
A Kantian Critique of Kant's Theory of Punishment.Jean-Christophe Merle - 2000 - Law and Philosophy 19 (3):311 - 338.
Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
Making More Sense of Retributivism: Desert as Responsibility and Proportionality.J. Angelo Corlett - 2003 - Philosophy 78 (2):279-287.
Retributivism and the Inadvertent Punishment of the Innocent.Larry Alexander - 1983 - Law and Philosophy 2 (2):233 - 246.
Revisiting Kantian Retributivism to Construct a Justification of Punishment.Jane Johnson - 2008 - Criminal Law and Philosophy 2 (3):291-307.
A Kantian Critique of Kant's Theory of Punishment.Merle J.-C. - 2000 - Law and Philosophy 19 (3):311-338.
Added to index2009-01-28
Total downloads64 ( #79,769 of 2,153,589 )
Recent downloads (6 months)4 ( #184,516 of 2,153,589 )
How can I increase my downloads?