Immanuel Kant Theory of Justice

Immanuel Kant Theory of legal expertThe philosopher Immanuel Kant believed that his retributive theories of legal expert were based in logic and reason. The retributive spot on penalisation states that punishment is necessary, and indeed, justified, on the basis that the act of committing crime deserves punishment. The strict guide telegraph lines Kants theories created, coupled with the very nature of retributive justice fuelled the arguments of those of Kants critics who claimed his speak to would lead to fierce and ineffective sentencing. It is my intention to ingestion this paper as a means of exploring and addressing these claims.Judicial punishment foundation never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime for a piece being ought never to be manipulated merely as a means related to anothers subroutines First, he must be found to be deserving of punishment onward good will nates be given to the utility of this particular punishment for himself or for fellow citizens1.Upon considering the above it is clear that, in Kants status, the only utilisation punishment should serve is to penalize the criminal for committing a crime. Whether or not the punishment could sire an affect on the criminals propensity to reform is in that respectfore irrelevant. The punishment is there to punish the criminal for the crime they go through committed nothing to a greater extent, nothing less.This leads on to the opening of just deserts. This theory is now considered to be one of the more prominent views on the subject of the punishment of criminals2. The key belief of the principle being that offenders must deserve punishment in the everyday thinking about punishment, the motif of desert figures prominently. Ask the soulfulness on the street why a wrongdoer should be punished, and he is likely to s ay that he deserves it3.Kant advocated two principles regarding the flair punishment should be meted out. As we have established above, the first of which is that the only right and proper grounds for punishment is that the criminal deserves it. And so it follows that punishing a criminal with the aim of promoting happiness, renewal or deterrence would run contrary to the matted urgent by making the punishment a means to an end. Kants categorical imperative is the universal law that states that all people must act in a morally class manner at all times. because ones own desires or wishes cannot be taken into account when making a decision, as no one persons desires should be prioritized above anothers. The desired outcome of any(prenominal) action must be to avoid causing harm or inflicting damage upon another person. In this regard, Kant defines an act as morally correct if it can be applied as a universal law. For example I will never tell the truth would be deemed to be im moral because it could not be applied as universal law as, in the event of everyone having to never tell the truth, the truth would lose its significance.In simpler terms, when considering Kants categorical imperative, the logical approach surely dictates that we must consider the affect our own actions will have on others, and then to avoid carrying out actions that will harm or halter the rights of others. The second of Kants principles regarding punishment relates to proportionality the sentence received should be proportionate to the crime committed.Kants theories of autonomy and free decision making make up the foundations for his view on just deserts. The theory submits, first of all, that everybody is duty bound to respect each others rights. Kant goes on to suggest that adhering to the law is a sacrifice of ones right to independence of extract. Therefore, those that commit crime gain an unfair advantage over those that do not. Punishment is used as a means to redress the balance amid the law abiding citizens and the criminals, removing any unfairly gained advantage from the criminals. The punishment is intended to punish no more or less than relates to the advantage gained. It follows, therefore, that deterrence and reformation bear no relevance to this method of sentencing.This type of justice system is still relevant today, and indeed, has been put to use by some governments. The U.S. State of atomic number 20 has rigorously applied retributive punishment philosophies to its court system. Retributive justice has been applied in California since the inception of the Determinate Sentencing Law The Legislature finds and declares that the purpose of imprisonment for crime is punishment4. One of the key policies of Californias justice system is the three strike rule. The three strike rule was introduced in 19945. Its main purpose was to punish repeat offenders by handing out long sentences a minimum of twenty-five years to those that have been con victed of a felony and already have two strikes for vehemence on their record. Sentencing under these guidelines leads to particularly long, and critics say, ineffective, sentences6. The policy has been successful in that it has kept criminals off the streets for longer7, but it can be argued that the detrimental effects, such as criminals receiving life sentences for what amounts to petty offences the third strike doesnt have to be a violent offence outweigh the beneficial effects. This policy also conflicts with Kants categorical imperative in that receiving a life sentence for being convicted of shoplifting8(as the third strike) is not proportionate.We have already established that Kants intention is for individuals who have been found to have broken the law to receive punishment that is relative to the advantage that they have gained by committing the crime. If the above assessment were to hold true it would mean that Andrew von Hirschs proclamation regarding the trust of th e person on the street9would surely be correct. Despite this, one could argue there to be various potential flaws present within the theory. non the least of which is how to apply this theory of punishment to a criminal that has gained no discernible advantage from their crime.For example A boy living alone with his generate is periodically abused by her. He is subjected to sustained mental, physical and sexual assaults that he is powerless to prevent. He is kept locked up for the majority of his time at home and is threatened that, were he to tell anyone of what he has suffered, he would receive more severe abuse. The abuse continues as he grows older and eventually he fights back. On this occasion he hears his mother approaching him via the stairs that lead to his room. He rushes to the top of the stairs and pushes her down them, resulting in her death. I would suggest that it is sure arguable that the boys only intention was for the abuse to stop, rather than an intention to k ill or seriously injure his mother. SOURCE IT UP It surely would not be right to say that there has been any advantage gained in this example. The rest of society is not expected to endure such abuse, and so it follows that the boy was already at a disadvantage. Also, surely the victim in this crime was herself guilty of not respecting the rights of her son, as per Kants theory of just desert. This would surely lend weight to the line of thinking that it would be unfair to punish the criminal in this, albeit radical example, where there has been no advantage gained, by the very said(prenominal) principles applied to those that have gained some advantage. This example seems to support the beliefs of Kants critics10, and certainly strengthens the view that two wrongs dont make a right.Kant endorsed capital punishment as a suitable punishment for murderers11. This stance is a good example of Kants beliefs regarding proportionality a life for a life. However, this stance also goes some way to strengthening the claims of those that believe Kants philosophy encourages harsh sentencing12. This leads on to the area of Kants philosophy that has attracted the most criticism. How can ending the autonomy of another, criminal or otherwise, be in keeping with Kants theories regarding categorical imperative? To use Kants own words, to hand out capital punishment must surely be classed as FIND SOME RELEVANT WORDS. Why is it that this stance can be upheld in relation to suicide or murder, but disregarded when it comes to the punishment of a criminal? Again, we turn to the view of Andrew von Hirsch, who saidA person who violates the rules has something others have the benefits of the system but by renouncing what others have assumed, the burdens of self-restraint, he has acquired an unfair advantage. Matters are not even until this advantage is in some way erased Justice that is punishing such individuals restores the equilibrium of benefits and burdens13Kant justifies su ch an approach by saying the criminal draws the evil deed back to himself when he suffers that which according to the penal law is the same as what he has inflicted on others. According to this line of thinking, a criminal that has murdered somebody else has done so because they have made a choice to do so, and in doing so, they have gained an advantage over the victim. In other words A kills B because A didnt like the look of B. By murdering B, A has sought to gain an advantage over the rest of law abiding society, who by adhering to the law, have sacrificed their freedom of choice. So, As choice to murder B, is deemed to be A unfairly reclaiming his freedom of choice. However, if A is punished via capital punishment, it is not to gain any advantage, it is merely to punish A for the crime he has committed in a proportionate manner. He has taken a life, therefore his own becomes forfeit. Again, though, there is a case for arguments against Kants stance on the matter. How can theor y stick up up in cases where the criminal has not acted out of any rational thought? How can Kants view apply in cases where the criminal has lost their estimate to insanity and acted on instinct rather than choice? There is no reason, no autonomy in such an instance.In conclusion, I believe Kants theory on punishment to promote certain values which are of utmost importance to society. Namely, the categorical imperative and, in particular, his view on morally correct actions. However, there is perhaps, something robotic about his theory. It would be wonderful if everybody told the truth all of the time, regardless of consequence. It would be equally wonderful if people did not commit crime at all. I believe that asking everyone to follow the same universal laws, while noble and beneficial in theory, cannot be achieved due to the complexity and intrinsic selfishness of human beings. Similarly, to punish them in such a way without taking deterrence, the propensity to reform, or any other individual factors pertaining to a given case, such as circumstance and state of mind, would be unfair. While I agree that proportionality would offer certain advantages when sentencing, such as adherence to the rule of law everyone is tough equally. Kants stance on punishment also presents its fair share of problems. Namely, that peoples actions are often dictated by circumstance, which obviously would not be taken into consideration under the guide lines laid out by Kant, and presented throughout this essay. Owing to this fact, I believe that Kants stance on punishment would be perfect in an ideal world. However, as unfortunate as this fact is we do not live in an ideal world.