Research On Kant's Theory Of Punishment

Kant was the founder of modern Retribution of punishment.Moral Retribution was the deepest birthmark in his theory of punishment,while Utilitarianism was another face that was unknown.However,the Utilitarianism and the Retribution that coexisted in Kant's punishment theory were not contradictory:The former pointed to the justification of state's power of punishment,while the latter was to explain the principle of penalty distribution.As a principle of penalty distribution,Kant's theory of Retribution for its thoroughness and extremism had been interpreted as Retribution of talion for a long period of time.Retribution of talion suffered unbearable censure for its own shortcomings.By studying the philosophical foundation of Kant's penalty theory and the meaning of 'Gleichheit',I believed that Retribution of equivalence was the nature of Kant's crime-penalty relationship.This article consisted of two parts,and each had three chapters.The first part discussed Kant's justification of punishment.Chapterâ… pointed out that 'Human Beings as Purpose' was the philosophical foundation for Kant's moral Retribution on penalty,while Retribution was its core;Chapterâ…¡revealed that the pursuit of utility was another face of Kant's punishment theory;Chapterâ…¢showed that in Kant's works,the Utilitarianism pointed to the justification of state's power of punishment,while the Retribution was to explain the principle of penalty distribution.Therefore,the Retribution and Utilitarianism could completely coexist on the dual structure.The second part discussed Kant's distribution of punishment.Chapterâ… brought forward that Kant's Retribution of penalty was interpreted as 'talion',which had suffered unbearable censure for a long time;Chapterâ…¡pointed out that it was a misreading to interpret Kant's Retribution as 'talion',or it could not assort with his moral philosophy;Chapterâ…¢held that we could confirmed 'equivalence' was the nature of Kant's Retribution by studying the philosophical foundation of Kant's penalty theory and the meaning of 'Gleichheit'.