The present contribution aims to clarify some key aspects of Kantian retributivism. The writing is divided into four paragraphs. First, it tries to present the Kantian conception of punishment as deeply tied to his ethical and meta-ethical reflection, referring in particular to the concepts of freedom, autonomy and dignity. Secondly, an attempt will be made to connote retributivism and the law of retaliation as part of a normative paradigm coherent with the Kantian practical system, a principle - third step - capable of regulating "hard cases" through the mediation between particularities of the context and generality of the law made by the judge. Finally, in the light of the analyses proposed, will be clarified the disagreement of Kantian thought with an understanding of punishment as revenge.
L'inchino del boia. Il retributivismo kantiano a partire dalla legge morale.
PAOLO BODINI
2020-01-01
Abstract
The present contribution aims to clarify some key aspects of Kantian retributivism. The writing is divided into four paragraphs. First, it tries to present the Kantian conception of punishment as deeply tied to his ethical and meta-ethical reflection, referring in particular to the concepts of freedom, autonomy and dignity. Secondly, an attempt will be made to connote retributivism and the law of retaliation as part of a normative paradigm coherent with the Kantian practical system, a principle - third step - capable of regulating "hard cases" through the mediation between particularities of the context and generality of the law made by the judge. Finally, in the light of the analyses proposed, will be clarified the disagreement of Kantian thought with an understanding of punishment as revenge.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.