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Single Idea 21433

[filed under theme 25. Social Practice / D. Justice / 3. Punishment / b. Retribution for crime ]

Full Idea

Every deed that violates a man's right deserves punishment, the function of which is to avenge a crime on the one who committed it (not merely to make good the harm done). ...but no punishment may be inflicted out of hatred.

Gist of Idea

Violation of rights deserves punishment, which is vengeance, rather than restitution

Source

Immanuel Kant (Metaphysics of Morals II:Doctrine of Virtue [1797], 460-1 I.II)

Book Ref

Kant,Immanuel: 'The Metaphysics of Morals', ed/tr. Gregor,Mary [CUP 1991], p.253


A Reaction

A fairly hideous idea, confirming the image of Kant as someone who coldly perfoms ruthless duties. I don't think Kant ever offers any clarity for the concepts of 'deserving' or of 'avenging'. What is the appropriate vengeance for theft?


The 13 ideas with the same theme [punishment as giving offenders what they deserve]:

Protagoras seems to have made the huge move of separating punishment from revenge [Protagoras, by Vlastos]
Socrates was the first to grasp that a cruelty is not justified by another cruelty [Vlastos on Socrates]
Errors result from external influence, and should be corrected, not hated [Aristippus elder, by Diog. Laertius]
Only put someone to death if the whole population believes it is deserved [Mengzi (Mencius)]
It is noble to avenge oneself on one's enemies, and not come to terms with them [Aristotle]
Primitive people simply redressed the evil caused by violence, without thought of punishing [Rousseau]
Retributive punishment is better than being sent to hospital for your crimes [Kant, by Berlin]
Violation of rights deserves punishment, which is vengeance, rather than restitution [Kant]
Do away with punishment. Counter-retribution is as bad as the crime [Nietzsche]
Whenever we have seen suffering, we have wanted the revenge of punishment [Nietzsche]
Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA]
In early Greece the word for punishment was also the word for vengeance [Vlastos]
How should the punishment fit the crime (for stealing chickens?) [Tuckness/Wolf]