A Kantian critique of Kant's theory of punishment

Authors
Citation
Jc. Merle, A Kantian critique of Kant's theory of punishment, LAW PHILOS, 19(3), 2000, pp. 311-338
Citations number
16
Categorie Soggetti
Law
Journal title
LAW AND PHILOSOPHY
ISSN journal
01675249 → ACNP
Volume
19
Issue
3
Year of publication
2000
Pages
311 - 338
Database
ISI
SICI code
0167-5249(200005)19:3<311:AKCOKT>2.0.ZU;2-U
Abstract
In contrast to the traditional view of Kant as a pure retributivist, the re cent interpretations of Kant's theory of punishment (for instance Byrd's) p ropose a mixed theory of retributivism and general prevention. Although bot h elements are literally right, I try to show the shortcomings of each. I t hen argue that Kant's theory of punishment is not consistent with his own c oncept 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.