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Philosophy Dictionary of ArgumentsHome | |||
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Punishment: Punishment is a consequence intended to discourage a behavior from being repeated. See also Actions, Action theory, Law, Justice, Jurisdiction, Society, Coercion._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Immanuel Kant on Punishment - Dictionary of Arguments
Höffe I 312 Punishment/Kant/Höffe: Kant is (...) resolutely in favour of the "right of retaliation". KantVsResocialization Theory: With this, he criticizes the empirical-pragmatic theory of punishment that prevailed at the time, according to which criminal punishment was justified only by its benefit for society, the improvement of offenders and deterrence from possible criminal acts. Benefit for society: True to his rational argumentation, which at most grants a secondary right to the considerations of benefit, Kant demands that the first thing that must be done is justice. Deterrence Theory: While the deterrence theory humiliates its humanitarian appearance to the people Höffe I 313 as a means for society, thus robbing it of its inviolable human dignity, criminal law acquires the rank of a categorical imperative within the framework of a theory of reason. Def Criminal Law/Kant: Criminal law is the power of the executive, the "commander", to inflict "pain" on the subject "because of his crime". Retribution: Only the criminal may be punished and only because he has committed a crime. Other aspects such as deterrence, reparation and reintegration have only a secondary and subsidiary right. (...) [the measure of] retaliation [has] to be understood formally rather than materially (...). Benefit: The sentence must not be based on social considerations of benefit, it must correspond to the weight of the crime. >Society/Kant, >Law/Kant._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
I. Kant I Günter Schulte Kant Einführung (Campus) Frankfurt 1994 Externe Quellen. ZEIT-Artikel 11/02 (Ludger Heidbrink über Rawls) Volker Gerhard "Die Frucht der Freiheit" Plädoyer für die Stammzellforschung ZEIT 27.11.03 Höffe I Otfried Höffe Geschichte des politischen Denkens München 2016 |