Kant's mature theory of punishment, and a first critique ideal abolitionist alternative

Benjamin Vilhauer

pp. 617-640

in: The Palgrave Kant handbook, Basingstoke, Palgrave Macmillan, 2017

Abstract

This chapter has two parts, the first of which is exegesis and exposition, and the second where Vilhauer offer a reconstructive Kantian theory of punishment based on the notion of choosing the principles of punishment in the Rawlsian original position. He argues that we can get a distinctively Kantian theory if we focus on the idea of a Kantian social contract for punishment. Kantians ought to accept that we would rationally consent to universalizable principles of punishment. If we think Rawls is right that original position deliberation gives us a helpful model of how to identify universalizable principles, then we can get Kantian principles of punishment by choosing them in the original position.

Cited authors

Kant Immanuel