General Kantian Perspective on Punishment - Essay Example

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General Kantian Perspective on Punishment

In this theory, punishment is not justified by any good results but by the guilt of the criminal and therefore, a criminal must pay for their misdoings in a way that is proportional to the harm inflicted by their wrongdoing. This was very common in many traditions and it is clearly seen in the Jewish tradition in the Bible specifically in the Law of Moses. In the event that a person is tried and found guilty and punishable of a crime, the individual automatically forfeits or suspends an equal value of his or her right to something. Kant contends that the punishment must fit the crime committed and argues that a crime committed to another person is a crime perpetrated to one self. He contends that the most appropriate punishment for a murderer is capital punishment (execution). If a person who has committed a murder is allowed to live, justice is not done and this exemplifies a subversion of justice and the very essence of humanity in the world. ...Show more

Summary

A Kantian is a proponent of the retributive theory of punishment that was put forward by the German Law philosopher Immanuel Kant. …
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