Results for 'Retributivism Kant'

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  1.  45
    Sarah Holtman.Retributivism Kant & Civic Respect - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press. pp. 107.
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  2. Is Kant a retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
    Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the (...)
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  3.  83
    Kant's retributivism.Don E. Scheid - 1982 - Ethics 93 (2):262-282.
  4.  44
    How Can Punishment be Justified? On Kant's Retributivism.Guus Duindam - 2022 - In Heather Wilburn (ed.), Philosophical Thought: Across Cultures and Through the Ages.
    In this brief chapter aimed at undergraduates, I examine theories of punishment and provide an introduction to Kant's retributivism.
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  5.  91
    Annulment Retributivism: A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Cambridge University Press 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the (...)
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  6.  26
    Kant on Why Criminal Offenders Must Be Punished.Mark Pickering - 2022 - Southern Journal of Philosophy 60 (4):637-663.
    Kant gives what appear to be consequentialist and retributivist reasons for his claim that the state must punish criminal offenders. I argue that Kant’s justification is retributivist and not consequentialist. In particular, I argue that Kant’s justification is found in his argument that we must attribute to an offender’s reason the judgment that she must be punished. I argue that other retributivist interpretations as well as interpretations that prioritize consequentialist reasons have little textual support. I also reconstruct (...)
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  7. Kantian punishment and retributivism: A reply to Clark.Thom Brooks - 2005 - Ratio 18 (2):237–245.
    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 (...)
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  8.  79
    Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
    Abstract I argue for the following, which I dub the ?fallibility syllogism?: (1) All systems of criminal punishment that inflict suffering on the innocent are unjust from a desert-based, retributivist point of view. (2) All past or present human systems of criminal punishment inflict suffering on the innocent. (3) Therefore, all such human systems of criminal punishment are unjust from a desert-based, retributivist point of view. My argument for the first premise is organized in the following way. I define what (...)
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  9. Kant on Remorse, Suicide, and the Descent into Hell.Benjamin Vilhauer - manuscript
    Kant’s conception of remorse has not received focused discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and consequentialist reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to (...)
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  10. Revisiting Kantian Retributivism to Construct a Justification of Punishment.Jane Johnson - 2008 - Criminal Law and Philosophy 2 (3):291-307.
    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 (...)
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  11. Kant's Theory of Punishment.Thom Brooks - 2003 - Utilitas 15 (2):206.
    The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. (...)
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  12. Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - 2017 - In Altman Matthew (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This (...)
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  13.  47
    Kantian Moral Retributivism: Punishment, Suffering, and the Highest Good.Eoin O'Connell - 2014 - Southern Journal of Philosophy 52 (4):477-495.
    Against the view of some contemporary Kantians who wish to downplay Kant's retributivist commitments, I argue that Kant's theory of practical of reason implies a retributive conception of punishment. I trace this view to Kant's distinction between morality and well-being and his attempt to synthesize these two concerns in the idea of the highest good. Well-being is morally valuable only insofar as it is proportional to virtue, and the suffering inflicted on wrongdoers as punishment for wrongdoing is (...)
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  14. Retributivism and Outraged Love: A Search for the Heart of Retributive Justice.Richard Oxenberg - manuscript
    "An eye for an eye will make the whole world blind." This quote, often attributed to Gandhi, suggests the illegitimacy of the retributive urge. On the other hand, many feel a strong intuitive sense that "justice must be served" and that violators of justice must be fittingly punished. In this paper I examine the urge for retributive justice and argue that, at its base, it is rooted in a profound desire to have a wrongdoer see the nature of his or (...)
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  15. A Defense of Retributivism.Stephen Kershnar - 2000 - International Journal of Applied Philosophy 14 (1):97-117.
    The moral theory justifying punishment will shape the debate over numerous controversial issues such as the moral permissibility of the death penalty, probation, parole, and plea bargaining, as well as issues about conditions in prison and access to educational opportunities in prison. In this essay I argue that the primary goal of the criminal justice system is to inflict suffering on, and only on, those who deserve it. If I am correct, the answer to issues involving the criminal justice system (...)
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  16.  67
    Is Hegel a Retributivist?Thom Brooks - 2004 - Bulletin of the Hegel Society of Great Britain 25 (1-2):113-126.
    -/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial (...)
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  17. Honor, Dignity and the Summum Bonum: Kant’s Retributivism in Context.Jacob Held - 2010 - Vera Lex 11 (1/2):81-106.
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  18. Kant on capital punishment and suicide.Attila Ataner - 2006 - Kant Studien 97 (4):452-482.
    From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own (...)
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  19.  76
    Against the Hybrid Interpretation of Kant’s Theory of Punishment.Mark Pickering - 2020 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 28 (1):115-133.
    Immanuel Kant appears to make both retributivist and consequentialist statements about criminal punishment in the Metaphysical Foundations of the Doctrine of Right. In recent decades, some scholars have argued that Kant’s theory of criminal punishment is a hybrid of consequentialism and retributivism. B. Sharon Byrd’s interpretation is the most influential version of this view. I argue that the textual evidence in favor of the consequentialist side of the hybrid interpretation is weak and the evidence in favor of (...)
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  20. On the possibility of Kantian retributivism.Dimitri Landa - 2009 - Utilitas 21 (3):276-296.
    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 (...)
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  21. Kant On Punishment: A Coherent Mix Of Deterrence And Retribution?Thomas E. Hill - 1997 - Jahrbuch für Recht Und Ethik 5.
    Kant is often regarded as an extreme retributivist, but recently commentators emphasize the importance of deterrence in Kant's basic justification of punishment. Kant's combination of deterrence and retributive elements, however, must be distinguished from others that are less plausible. To interpret Kant as merely adding retributive side-constraints to a basic deterrence aim fails to capture fully the retributive strain in Kant's thought. The basic questions are: who should be punished, how much, in what manner, and (...)
     
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  22. Forgiveness and Punishment in Kant's Moral System.Paula Satne - 2018 - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. Cardiff: University of Wales Press. pp. 201-219.
    Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays (...)
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  23. Five perspectives on holding wrongdoers responsible in Kant.Benjamin Vilhauer - 2023 - British Journal for the History of Philosophy 32 (1):100-125.
    The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations (...)
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  24. Kant and Capital Punishment Today.Nelson T. Potter - 2002 - Journal of Value Inquiry 36 (2-3):267-282.
    We will consider alternative ways that Kant’s philosophical views on ethics generally and on punishment more particularly could be brought into harmony with the present near consensus of opposition to the death penalty. We will make use of the notion of the contemporary consensus about certain issues, particularly equality of the sexes and the death penalty, found in widespread agreement, though not unanimity. Of course, it is always possible that some consensuses are wrong, or misguided, or mistaken. We should (...)
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  25. Kant On Obligation And Motivation In Law And Ethics.Nelson Potter - 1994 - Jahrbuch für Recht Und Ethik 2.
    The first part of Immanuel Kant's Metaphysics of Morals , Rechtslehre , has usually been discussed as a political treatise. But there are parallels between law and ethics in Kant; lawgiving in either realm is a combination of precept and incentive. In works that present his core moral philosophy of inner freedom, this freedom is an internal ethical freedom based on an underlying purely moral incentive, whose adequacy is a transcendental assumption of this part of Kant's moral (...)
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  26.  20
    Followability, Necessity, and Excuse: Interpreting Kant’s Penal Theory.Robert Campbell - forthcoming - Kantian Review:1-18.
    Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating (...)
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  27.  11
    The current interest in Kant in the North American debate on criminal punishment.F. Zanuso - 2004 - History of European Ideas 30 (3):329-348.
    The current interest in Kant in the North American debate on criminal punishment arise from a deceptive hope: Kant seems as a sort of “antidote” useful to mitigate the results of correctional and merely intimidatory practice. Both the two current interpretations of his philosophy, for their typical post-modern statement, are yet improper and unproductive. Both Kant as a pioneer of so-called “limiting retributivism” and Kant theorist of “pure retributivism”, “purged” of the extreme application of (...)
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  28.  16
    A Kantian Critique of Kant's Theory of Punishment.Jean-Christophe Merle - 2000 - Law and Philosophy 19 (3):311-338.
    In contrast to the traditional view of Kant as apure retributivist, the recent interpretations ofKant's theory of punishment (for instance Byrd's)propose a mixed theory of retributivism and generalprevention. Although both elements are literallyright, I try to show the shortcomings of each. I thenargue that Kant's theory of punishment is notconsistent with his own concept of law. Thus I proposeanother justification for punishment: specialdeterrence and rehabilitation. Kant's critique ofutilitarianism does not affect this alternative, whichmoreover has textual support (...)
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  29. A Kantian critique of Kant's theory of punishment.Jean-Christophe Merle - 2000 - Law and Philosophy 19 (3):311 - 338.
    In contrast to the traditional view of Kant as apure retributivist, the recent interpretations ofKant's theory of punishment (for instance Byrd's)propose a mixed theory of retributivism and generalprevention. Although both elements are literallyright, I try to show the shortcomings of each. I thenargue that Kant's theory of punishment is notconsistent with his own concept of law. Thus I proposeanother justification for punishment: specialdeterrence and rehabilitation. Kant's critique ofutilitarianism does not affect this alternative, whichmoreover has textual support (...)
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  30.  98
    Corlett on Kant, Hegel, and retribution.Thom Brooks - 2001 - Philosophy 76 (4):561-580.
    The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who (...)
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  31.  8
    Derecho y sanción. La noción de castigo jurídico en Kant y en Hegel.Eduardo Charpenel - 2018 - Tópicos: Revista de Filosofía 55:163-188.
    In this article I compare the theories of legal punishment found in Kant’s and Hegel’s philosophy of right. The thesis I defend is that, at least in this subject matter, the positions of Kant and Hegel should not be read as standing in direct opposition, but rather as belonging to the family of retributivist penal theo-ries. The comparative analysis I put forward aims to shed light both on structural aspects of their philosophy of right as a whole and (...)
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  32. A Kantian critique of Kant's theory of punishment.Merle J.-C. - 2000 - Law and Philosophy 19 (3):311-338.
    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 (...)
     
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  33.  75
    Crime, Freedom and Civic Bonds: Arthur Ripstein’s Force and Freedom: Kant’s Legal and Political Philosophy. [REVIEW]Ekow N. Yankah - 2012 - Criminal Law and Philosophy 6 (2):255-272.
    There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the (...)
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  34.  31
    An Idealist justification of punishment : Kant, Hegel and the problem of punishment.Jane Johnson - unknown
    Though it involves significant harms and is a widespread and entrenched practice, legal punishment lacks a sure philosophical footing. In spite of frequent attempts by utilitarians, retributivists and so called "mixed solution" advocates the problem of justifying punishment remains. This book aims to redress this shortcoming by turning to the German thinkers Kant and Hegel and their idealism to fashion punishment's justification. In the case of Kant this is achieved by developing his construction of justice, while for Hegel (...)
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  35.  49
    Giving Wrongdoers What They Deserve.Steven Sverdlik - 2016 - The Journal of Ethics 20 (4):385-399.
    Retributivist approaches to the philosophy of punishment are usually based on certain claims related to moral desert. I focus on one such principle:Censuring Principle : There is a moral reason to censure guilty wrongdoers aversively.Principles like CP are often supported by the construction of examples similar to Kant’s ‘desert island’. These are meant to show that there is a reason for state officials to punish deserving wrongdoers, even if none of the familiar goals of punishment, such as deterrence, will (...)
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  36. Public Policy and Philosophical Accounts of Desert.Steven Sverdlik - 2018 - In Aaron Zimmerman, Karen Jones & Mark Timmons (eds.), Routledge Handbook on Moral Epistemology. New York: Routledge. pp. 522-36.
    This article surveys deontological retributivist thought about judgments concerning deserved punishments. A number of conceptions of desert are described: they vary with respect to their claims about consequential moral luck and the role that desert judgments play in morality. Some retributivists claim that desert claims support obligations to punish; others that they establish ceilings on permissible severity; others that they do both. Further specific conceptual issues about desert of punishment are described, for example, whether a criminal record is relevant. The (...)
     
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  37.  93
    A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Legal Theory 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the (...)
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  38. Kantian Remorse with and without Self-Retribution.Benjamin Vilhauer - 2022 - Kantian Review 27 (3):421-441.
    This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has (...)
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  39. Persons, punishment, and free will skepticism.Benjamin Vilhauer - 2013 - Philosophical Studies 162 (2):143-163.
    The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore (...)
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  40.  76
    A plausible theory of retribution.Sidney Gendin - 1970 - Journal of Value Inquiry 5 (1):1-16.
    Kant believed all and only the guilty should be punished. Other retributivists believed that only guilt should bring punishment down on a person. In neither way is the retributive theory sufficiently distinguished from utilitarianism for, on contingent grounds, the utilitarian may agree with either of these theses. The advantage of PRJ is that it brings out the difference between retributivism and utilitarianism more sharply while at the same time it manages to be a less stern and unyielding view (...)
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  41. At the Bar of Conscience: A Kantian Argument for Slavery Reparations.Jason R. Fisette - 2022 - Philosophy and Social Criticism 48 (5):674-702.
    Arguments for slavery reparations have fallen out of favor even as reparations for other forms of racial injustice are taken more seriously. This retreat is unsurprising, as arguments for slavery reparations often rely on two normatively irregular claims: that reparations are owed to the dead (as opposed to, say, their living heirs), and that the present generation inherits an as yet unrequited guilt from past generations. Outside of some strands of Black thought and activism on slavery reparations, these claims are (...)
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  42. Retributive Justice in the Breivik Case: Exploring the Rationale for Punitive Restraint in Response to the Worst Crimes.David Chelsom Vogt - 2024 - Retfaerd - Nordic Journal of Law and Justice 1:25-43.
    The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...)
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  43.  5
    Crimen publicum, poena forensis.Stergios Mitas - 2020 - Archiv für Rechts- und Sozialphilosophie 106 (4):554-562.
    Philosophical debates on punishment mainly - and exhaustively - revolve around the traditional dipole “retribution - deterrence”; or, lately, seek for some alternative counterproposal (e. g. the contemporary topic of “restorative justice”). In all sides of the debates, Kant is standardly depicted as the advocate of a traditional, outmost punitive theory of justice; the kind of heritage modern-day “retributivists” seek to reassess, while “preventive” or “restorative” justice defenders aim to abandon. In the present paper, we intend to scrutinize (...)’s own views on crime and punishment, as an integral part of his overall legal-practical philosophy; and, by doing so, to address that Kant is not at all the blind retributivist the above theorists perceive; what is more, he sets a philosophical framework that is able to overcome the flaws of all three, standard conceptions of criminal justice (retributive, preventive and restorative). Finally, in the light of the above, we bring forth the aspects of this Kantian framework, that are useful in assessing current legal systems and required legal reforms. (shrink)
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  44.  5
    Reflexive Retributive Duties.Stephen Kershnar - 1997 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 5:497-516.
    The retributive duty is both held by and owed to the victim of a culpable wrongdoing. This reflexive account fits nicely with a Kantian emphasis on autonomy because the Kantian account allows us to explain how a person can have a duty to oneself. The reflexive account also fits nicely with, and is in part supported by, the notion that a culpable wrongdoer forfeits some of his rights . The waivability of the retributive duty in part explains why it is (...)
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  45.  13
    The Enduring Pertinence of the Basic Principle of Retribution☆.Vincent Geeraets - 2021 - Ratio Juris 34 (4):293-314.
    Many philosophers and legal scholars believe that the principle of retribution can be employed as a basis for respecting the offender as a person and for imposing relatively soft sentences. This belief is inspired, at least to a certain extent, by the penal philosophy of Kant and Hegel. My aim in this article is to question this widely held belief, with my contention being that retributivists locate the basis of these normative considerations in the wrong place. It is not (...)
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  46.  31
    Punishment - a tale of two islands.Mark Thomas Walker - 1993 - Ratio 6 (1):63-71.
    An imaginary desert island scenario provides the setting for a story which is designed to expose the shortcomings of deterrence, reform and restitution theories of punishment, and to emphasize the intuitive appeal of Kant's strong retributivist insistence that there is a positive obligation to punish offenders just qua offenders, and not merely an automatic right to do so (weak retributivism). Nevertheless, it is urged that though the fact that an offence has been committed can in itself suffice to (...)
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  47.  8
    German Idealism and the Concept of Punishment.Jean-Christophe Merle - 2009 - New York: Cambridge University Press.
    Against the background of early modernism - a period that justified punishment by general deterrence - Kant is usually thought to represent a radical turn towards retributivism. For Kant, and later for Fichte and Hegel, a just punishment respects the humanity inherent in the criminal, and serves no external ends - it is instituted only because the criminal deserves it. In this original study, Jean-Christophe Merle uses close analysis of texts to show that these philosophers did not (...)
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  48.  19
    Review: Kneller, and Axinn, Autonomy and Community: Readings in Contemporary Kantian Social Philosophy.Jeanine Grenberg - 1999 - Journal of the History of Philosophy 37 (3):538-540.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Autonomy and Community: Readings in Contemporary Kantian Social Philosophy ed. by Jane Kneller and Sidney AxinnJeanine GrenbergJane Kneller and Sidney Axinn, editors, Autonomy and Community: Readings in Contemporary Kantian Social Philosophy. Albany: State University of New York Press, 1998. Pp. xi + 334. Paper, $21.95.The intent of this volume is not narrow textual exegesis but the application of Kantian themes to “problems of contemporary society,” (xi). The editors (...)
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  49.  17
    Is Hegel A Retributionist? Graduate Essay Prize Runner Up.Thom Brooks - 2004 - Bulletin of the Hegel Society of Great Britain 49:113-126.
    Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: [retributivism] justifies punishment in terms not of its contingently beneficial effects but (...)
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  50.  46
    The Purposes of Legal Punishment.Manuel Escamilla-Castillo - 2010 - Ratio Juris 23 (4):460-478.
    There is a vast literature on the meanings of legal penalties. However, we lack a theory that explains them according to the formation of the modern state. Oakeshott's theory can help explain this phenomenon, leading to an attempt of the individual to take over as many powers of the state as possible. Thus, Kant's and Smith's retributivism is the most consistent of all those theories. Nevertheless, the preventive and resocializing theory of Bentham succeeded eventually. But is this a (...)
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