Kant's Perspective On Crime, Punishment, And Justice

1818 words - 7 pages

Punishment is the suffering, pain, or loss that serves at retribution. Others also say it is “the authoritative imposition of something unpleasant on a person in response to a behavior deemed to be wrong by an individual or group” (Hugo & McAnany, 2010). Some question when and why we should punish. Though easy to state, this question is difficult to answer and has lead to a variety of models of punishment. In Kant’s article Metaphysics of Morals, he discusses the importance of punishment and its correspondence to crime, the right to punish, and when to grant clemency. In this paper, I will refer to the articles Critique of Political Reason and Metaphysics of Morals, and I will discuss Kant’s perspective on crime, punishment, and justice. After, I will critique Kant’s perspective and explain the benefits and flaws about it. Last, I will end off by stating my own personal opinion on Kant’s perspective and why I disagree with it. Overall, in this paper, I will explain my disagreement with Kant’s doctrine on punishment due to the fact that I believe some forms of Kant’s punishment, are a violation of humanity.
In the articles Critique of Political Reason and Metaphysics of Morals, Kant explains and believes that punishment must always correspond and is proportional to the crime. Kant defines crime as “a transgression of public law that makes someone who commits it unfit to be a citizen” (Kant 1996). In society, if a crime is committed, one is usually punished. Kant believes that the guilty deserve punishment and that punishment should be proportional to the guilt. He believes that people only get punished because they are guilty of committing a crime, and for no other reason. Therefore, people are punished more harshly for more serious crimes and punished lightly for lesser crimes. Punishment is therefore justified only if it gives the person what s/he deserved. For example, Kant states, “If he has committed a murder he must die. Here there is no substitute that will satisfy justice. . . Accordingly, every murderer – anyone who commits murder, orders it, or is an accomplice to it – must suffer death; this is what justice wills in accordance with universal laws that are grounded a priori. . . This fitting of punishment to the crime is shown by the fact that only by this is a sentence of death pronounced on every criminal in proportion to his ‘inner wickedness’ (even when the crime is not murder but another crime against the state that can be paid for only by death)” (Kant, 1996). Here we see that Kant strongly believes in retribution (revenge). He believes that equality is established when legal punishment responds to guilt. He also strongly believes in the death penalty as a form of punishment and justice and believes it is the only proportional punishment to murderers and those who have wickedness inside of them. Kant (1996 b) believes that “in every punishment, there must first be justice”. Therefore he believes that all punishment (including the...

Find Another Essay On Kant's Perspective on Crime, Punishment, and Justice

Crime and punishment Essay

961 words - 4 pages punishment possible for the individuals that did the crime. Society tells the victims that the punishment of the offender will bring justice, but often leaves the victim feeling unsatisfied and not sure how to move on after getting what they wanted to happen. Punishment does not handle some of the important needs of the victim. Offenders punishments can’t restore what the victims’ lost, answer any of the victims’ questions that they might have, take

Crime and Punishment Essay

1149 words - 5 pages could turn to aggressive one because of those conditions that affect each and every person living on this earth. Some countries try nowadays to change those conditions surrounding especially poor and homeless people. So, conditions are the main responsible for making such a criminal. Justice is a small word, but it has a great meaning as it play an important rule in crime and punishment. A judge has to take the balance as a standard before

crime and punishment

755 words - 4 pages in season or on private property, Petty theft which is a lesser version of theft, and finally vandalism (Mitchell). Crimes then did not go without a punishment much as they do now, though there was trial that could be considered unfair much as there are trials today that could be said the same. One main punishment that was occurring was hanging which usually occurred after a crime was considered Capital or Indictable. Hanging occurred to all

Crime and Punishment

728 words - 3 pages place to stay that would not discriminate because he or she was a felon. Over the past years, society has dealt with crimes and punishment in many different ways. The changes have been for the best and many changes are still being made to better the society. The criminal justice system is working on reducing crime rates not in many different ways. The sentencing guidelines still need to be worked on so that the jails will not be so over crowed

Crime and Punishment

1276 words - 6 pages book. He employes many life lessons in the story, which give the audience a new perspective on themselves. In the book Crime and Punishment, I personally, see myself as Raskolnikov. I feel that his view of the world is similar to mine in that we both are somewhat disgusted by our fellow man, and that we have little faith in humanity. We are also similar in that we both feel as if we are alienated from society in a way. I think that the book

Elizabethan Crime and Punishment

1016 words - 5 pages , from 1558-1603. As Linda Alchin stated, Elizabethan England and Elizabethan Crime and Punishment- not a happy subject. Violent times,” (Alchin). During the Elizabethan Era, criminals were severely and brutally punished for even minor crimes such as theft and even as little as begging. During the time of Queen Elizabeth I rule, crimes and punishments were taken to a whole new level. In the Elizabethan Era, many crimes were similar to today, but

crime and punishment

1479 words - 6 pages In Dostoevsky's Crime and Punishment, the murder of the pawnbroker bears little significance when compared to the 'punishment' that Raskolnikov endures. The murder is the direct result of Raskolnikov's Ubermensch theory. Though it takes a while for Raskolnikov to realize the profound mistake in his theory and in his logic, his tedious yet prolific journey eventually leads him to redemption. Suffering, guilt and societal alienation prompt

Crime and Punishment

899 words - 4 pages , or even life. The Transportation Act provides a stronger punishment for the society and kept them safer by sending the felons to work for foreign countries over seas. As you can see the Elizabethan Age was very strict on crimes and punishments. No one got away with a crime without being severely punished. After researching crime and punishment, I was surprised that they had many crimes because of the severity of their punishments. However

Crime And Punishment

754 words - 3 pages In the distinguished novel Crime and Punishment, by Fyodor Dostoyevsky, some of the most significant events are mental and psychological taking place in the mind of the protagonist, Raskolnikov. Throughout Crime and Punishment, Dostoyevsky manages to give these internal events a sense of suspense, excitement, and climax associated with the external action.The entire novel is purely psychological, primarily internal, "taking the reader on a

Crime and Punishment

1321 words - 5 pages Crime and Punishment In his book “Crime and Punishment”, Dostoevsky explores the path of Raskolnikov who has many problems and obstacles throughout his life. He commits murder and is faced with the long and mentally extremely painful journey of seeking redemption. Raskolnikov believes that by a law of nature men have been “somewhat arbitrarily” divided into two groups of “ordinary” and “extraordinary”. Raskolnikov believes that the duty

Crime and Punishment - 1311 words

1311 words - 5 pages In his book "Crime and Punishment", Dostoevsky explores the path of Raskolnikov who has many problems and obstacles throughout his life. He commits murder and is faced with the long and mentally extremely painful journey of seeking redemption.Raskolnikov believes that by a law of nature men have been "somewhat arbitrarily" divided into two groups of "ordinary" and "extraordinary". Raskolnikov believes that the duty of the ordinary group is to

Similar Essays

Raskalnikov's Psychosis Is A Psychoanalitical Perspective On The Book Crime And Punishment By Fyodor Dostoevsky. It's An Awesome Essay, One Of My Best. Period

1489 words - 6 pages Freud states that there are three components of one's psyche or mind; the id, ego, and superego. Simply put: The id is what the person wants to do, the ego is what the person can do, and the superego is what the person should do. In the novel Crime and Punishment by Fyodor Dostoevsky, the protagonist Rodion Romanovitch Raskolnikov must overcome these three parts of his subliminal, inner self before he can take action of any sort. He cannot act

Comparison Of Characteristics And Perceptions Of The Qld Criminal Justice System, Aboriginal Customary Law And Islamic Criminal Law According To Crime And Punishment Procedures

2946 words - 12 pages -the first stop in all criminal offences and many civil disputes. 2. The District Court, which handles more-serious cases, both criminal and civil 3. The Supreme Court, which hears the most serious cases, criminal and civil RETRIBUTION, DETERRENCE AND REHABILITATION IN REGARDS TO SPECIFIC JUSTICE SYSTEMSRetribution tries to establish a relationship between the gravity of the crime and the severity of the punishment. Pain is thought desirable in

Essay On Juvenile Crime And Punishment

1049 words - 4 pages location of the incident, home state of the murder(s), and scope of the crime (e.g. were many killed or just one). After the Littleton shooting, Colorado lawmakers blocked votes on bills that would make it easier to carry concealed weapons, banned lawsuits against manufacturers, and pre-empted local gun laws (usatoday.com/96). In states like Texas, the Houston First District Court of Appeals upheld the Texas law that provides a punishment of life

The Christian Perspective On Capital Punishment And Rehabilitation

2873 words - 11 pages Abstract Christian’s hold three distinct perspectives on capital punishment, namely Rehabilitationism, Reconstructionism and Retributionism. Rehabilitationism is the view that death sentence should not be allowed for any crime; Reconstructionism holds that death penalty should be allowed for any serious crime; Retributionism recommends death sentence for some capital crimes. The last two positions share a somewhat similar view. This paper