Citations (1)



Does Kant Have a Theory of Punishment

Jeffrie G. Murphy

Arizona State University College of Law


Columbia Law Review, Vol. 87, p. 509, 1987

No doubt almost everyone would agree, although for different reasons, that any acceptable theory of punishment must make an important place for the values of justice, personal desert, respect for persons, and individual responsibility-it must, in short, make an important place for retributive values. This article pursues in some detail the grounds for the author’s current uneasiness with Kant's writings on crime and punishment. Hopefully, these grounds will raise issues of general interest that will be worthy of discussion and consideration which might possibly lead to the (at least partial) salvation of Kant's theory. If one selects carefully among the many remarks and insights that Kant has left us about crime and punishment, one might even be able to build an edifice from the bricks provided, but Kant himself most likely did not succeed in building such an edifice himself.

Number of Pages in PDF File: 24

Keywords: Immanuel Kant, Theory of Punishment, Criminal Law

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Date posted: June 25, 2009  

Suggested Citation

Murphy, Jeffrie G., Does Kant Have a Theory of Punishment (1987). Columbia Law Review, Vol. 87, p. 509, 1987. Available at SSRN: http://ssrn.com/abstract=1425243

Contact Information

Jeffrie G. Murphy (Contact Author)
Arizona State University College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-5856 (Phone)
(480) 965-2427 (Fax)
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