Immanuel Kant Retributivism

Who has the authority to administer judicial punishment, according to Kant?

Only a sovereign or ruler with legitimate authority.

Why does punishment exist in Kant's theory of retributivism?

Because it is intrinsically right to punish someone for committing a crime, respecting their rationality and humanity.

What are the two types of crime in Kant’s framework?

Private crime (affecting individuals) and public crime (endangering society).

What is the primary goal of judicial punishment according to Kant?

Retribution for a crime committed, not promoting any social or individual good.

Why should punishment not aim at crime prevention in Kant's view?

Because using the criminal as a means to an end denies their status as a rational, autonomous being.

What principle of Kant's ethics underpins his retributivist theory of punishment?

The Categorical Imperative: "Treat humanity, whether in yourself or others, as an end, never as a means only."

How does Kant critique Utilitarianism’s justification for punishment?

Utilitarianism dehumanizes the criminal and risks disproportionate punishments for the sake of social good.

What is the "Principle of Equality" in Kant’s theory of punishment?

Justice demands proportionality: no one should get more or less than they deserve.

What is the lex talionis, or the "Right of Retaliation," in Kant’s view of justice?

The principle of "an eye for an eye," requiring the offender to repay exactly what they have taken.

How does Kant address challenges in applying proportional punishment to individuals of different social statuses?

The magistrate must use judgment to ensure the punishment’s effect is proportionate given the offender’s status.

What is Kant’s stance on punishment for robbery?

Robbers should be deprived of their property and subjected to hard labor, as they make the property of all insecure.

What punishment does Kant believe is proportionate for murder?

The death penalty, administered humanely.

Why does Kant argue that punishment respects the criminal's humanity?

By holding the criminal accountable for their actions, we recognize them as free, rational, and autonomous beings.

What happens when punishment is used as a means of setting an example for others?

The criminal is treated as a tool or instrument for societal good, violating their humanity.

How does Kant’s principle of punishment differ fundamentally from Utilitarianism?

Kant focuses on retribution and respect for autonomy, while Utilitarianism focuses on societal benefits like deterrence.

What problem does Kant identify with punishment solely aimed at deterrence?

It can lead to disproportionate punishments, violating natural justice and the principle of proportionality.

What does the Principle of Proportionality require in punishment?

The punishment must fit the crime—neither more nor less than what the criminal deserves.

How does Kant justify the death penalty for murder?

Taking a life demands forfeiting one's life to restore justice proportionately.

What does Kant mean by saying that crime creates an "unfair advantage"?

The criminal gains something undeserved, disrupting the balance of justice.

Why does Kant reject fines as proportional punishment in some cases?

Fines impact individuals differently based on their social and economic status, leading to inequities.

What role does the magistrate play in Kant’s system of punishment?

The magistrate ensures that punishments are proportionate and considers the offender's social status when necessary.

Why does Kant think theft requires severe punishment?

Theft threatens the security of all property, undermining trust and social order.

What is the relationship between punishment and fairness in Kant’s view?

Punishment restores fairness by ensuring the criminal loses the unfair advantage gained through their crime.

What does Kant mean by "natural justice"?

The principle that justice must align with fairness and proportionality in punishment.