Criminal Law and Philosophy 2 (3):291-307 (2008)

Abstract
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment
Keywords Community  Construction of justice  Justification of punishment  Kant  ‘Limited’ or ‘partial’ retributivism  Real negation  Retributivism
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DOI 10.1007/s11572-008-9052-7
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References found in this work BETA

Prolegomena to Any Future Metaphysics.Immanuel Kant - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Journal of Philosophy. New York: Blackwell. pp. 507-508.
Critique of Pure Reason.I. Kant - 1787/1998 - Philosophy 59 (230):555-557.
The Metaphysics of Morals.Immanuel Kant - 1797/1996 - Cambridge University Press.
Hegel’s Ethical Thought.Allen W. Wood - 1990 - Cambridge University Press.

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Kant-Bibliographie 2008.Margit Ruffing - 2010 - Kant-Studien 101 (4):487-538.

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