Kant & Retributivism

 

CI 1st formulation: Act only according to that maxim whereby thou canst at the same time will that it should become a universal law

 

CI 2nd formulation: So act as to treat humanity, whether in thine own person or in that of any other, in every case as an end withal, never as means only

 

Against the Department of Corrections

 

  1. Utilitarian claims regarding punishment:
    1. It in itself is bad because it reduces happiness
    2. It is justified if this reduction is surpassed by a gain
  2. Kant: this offends human dignity
    1. Could justify punishing the innocent
    2. Could justify disproportional punishment

 

The Categorical Imperative and retributivism

 

  1. Regarding CI2
    1. People should be punished simply and only because they have committed crimes
    2. Punishment should be proportional to the crime

                                          i.    “Principle of equality” to “assign both the quality and the quantity of a just penalty”

                                        ii.    This requires endorsing capital punishment

 

  1. Regarding CI1
    1. The criminal is a rational agent who has acted according to a maxim he believes ought to be universalized
    2. \To punish him proportionally is to respect his choice (i.e., we are allowing him to decide how he is to be treated)

 

  1. Killing the last convict when the world ends