Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-08T08:23:49.741Z Has data issue: false hasContentIssue false

Corlett on Kant, Hegel, and Retribution

Published online by Cambridge University Press:  09 May 2002

Abstract

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order.

Type
Research Article
Copyright
© The Royal Institute of Philosophy 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)