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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.
Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime. The principle of lex talionis received its most well known philosophical defense from Immanuel Kant. [4]
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 ...
The principle of humanity, as an important criterion in criminal law, demands that when dealing with matters related to crime and punishment, the dignity and rights of individuals should be fully respected. In a democratic society, the implementation of criminal law not only aims to punish crimes but also to embody care for people.
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.
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.
Images of Kant and Constant. "On a Supposed Right to Tell Lies from Benevolent Motives" (sometimes translated On a Supposed Right to Lie because of Philanthropic Concerns) (German: Über ein vermeintes Recht aus Menschenliebe zu lügen) is a 1797 essay by the philosopher Immanuel Kant in which the author discusses radical honesty.
Kant did not initially plan to publish a separate critique of practical reason. He published the first edition of the Critique of Pure Reason in May 1781 as a "critique of the entire faculty of reason in general" [1] [2] (viz., of both theoretical and practical reason) and a "propaedeutic" or preparation investigating "the faculty of reason in regard to all pure a priori cognition" [3] [4] to ...