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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
The sociology of punishment seeks to understand why and how we punish. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. . Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; for instance, why citizens give consent to the legitimation of acts of viole
Immanuel Kant [a] (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aesthetics have made him one of the most influential and controversial figures in modern Western philosophy.
Kant thinks imperfect duties allow a latitudo, i.e., the possibility of choosing maxims. The perfect duties instead do not allow any latitudo . Kant uses this distinction in discussing some of the duties that were shown as examples in the Groundwork in more detail (viz., not lying, not committing suicide, cultivating one's talents, and being ...
Kant's description of moral progress as the turning of inclinations towards the fulfilment of duty has been described as a version of the Lutheran doctrine of sanctification. [48] Political philosopher Jean-Jacques Rousseau, whose Social Contract influenced Kant's view on the fundamental worth of human beings. Pojman also cites contemporary ...
Kant's ethics are founded on his view of rationality as the ultimate good and his belief that all people are fundamentally rational beings. This led to the most important part of Kant's ethics, the formulation of the categorical imperative , which is the criterion for whether a maxim is good or bad.
The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics, as well as to criminal justice in practice.
Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” [citation needed] Kant's idea is the foundation for the constitutional theory of the twentieth century.