Provide a 5 pages analysis while answering the following question: Analysis of The Retributive Theory of Punishment by Immanuel Kant. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. As governments and laws have been changing hands, criteria for punishment have also evolved with the passage of time as the definition of crime is also expanding.
On the other hand, the word that arises between crime and punishment is justified. How is it possible to justify a punishment concerning a particular type of crime? The answer and other aspects revolving around this question will be discussed with the help of the article by Kant, where he expounds on the retributive nature of punishment. According to Kant, a person should be punished just because he committed a crime, so is this statement universally correct? Or are there any alternatives that can propound the essence of the meaning behind this statement, without being rigid?
Starting with the first thesis, this talk about the ethical and political philosophy of Kant and why they seem to be at war. As stated in his article that “the penal law is a categorical imperative” (Kant, 2005), which means that punishment is something that is needed by the categorical imperative and is also related to the obtrusive or arguable intention of the criminal. This concept gives people the notion that the ethical philosophy of Kant can be seen in his legal philosophy, which is not true very much (Hill, 1997).
In addition to this, the ethical side of Kant proposes that the motivation and intention of the wrongdoer should be considered when any consequences are to be judged. For instance, if a person committed a crime such as murder, so before punishing him his intention, motivation and circumstances should be examined, maybe he committed the act to defend him/herself is not a suitable candidate to be hanged. Howbeit, in his article Kant provides that anybody whoever has violated or distorted the rights of others and had been a source for immoral conduct in society is to be punished, in order to restore discipline in society. .