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Lecture 26

PHIL 1413 Lecture Notes - Lecture 26: Legal Personality, Categorical Imperative, Writing Implement

4 pages101 viewsFall 2016

Department
Philosophy
Course Code
PHIL 1413
Professor
Wilks Anna
Lecture
26

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PHIL 1413 12/06/16
THE RIGHT TO PUNISH: RETRIBUTIVISM Immanuel Kant
When dealing with rational beings there is a DEMAND to respect them you
may not use them as a means, but only as an end in themselves.
Punishment is sometimes required in morality. Most ethical systems believe
that when the moral law is violated, one should be punished. You cannot
fore people to aide  the la, ut ou a puish those ho do’t.
Retributivism:
This aterial is a eerpt fro Kat’s The Philosophy of Law.
Aordig to Kat’s philosoph of la, Judiial or juridial puishet
can never be administered merely as a means for promoting another
good, either with regard to the criminal himself or to civil society, but
must in all cases be imposed only because the individual on whom it is
inflicted has committed a crime.”
The reason Kanting offers for this is that a [perso] ought eer to e
dealt with merely as a means subservient to the purpose of another,
or e ied up ith the sujets of a real right.
Kant is not defending deterrence punishing someone for an immoral
act to communicate to others not to do the same act. This is using
someone as a means to scare people. Someone should only be
punished because they DESERVE it.
Although no person may lose their inborn personality, their crime may
warrant their losing their civil personality.
Personality is meant here to mean possessing a reason and a will,
being an autonomous being. **Understand the distinction between
civil personality and inborn personality for FINAL EXAM**
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