Kant's concepts of justice, retribution, equality and sovereign right

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Kant's concepts of justice, retribution, equality and sovereign right from Dick's Guide to World History

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Kant's concepts of justice, retribution, equality and sovereign right

Kant's philosophy was based upon rational thinking and reality. Reality is what we perceive within the bonds of our time and space. Rational thinking is limited within these bonds. Reason shows we must always act as if the principle of our action could be considered as a universal law. The only good thing is a "good will." Thus, his philosophy on justice, retribution, equality and sovereign right are too be based upon what we know, rather than what we might speculate to be the outcome of various approaches to these issues. Such speculation is necessarily contingent upon an unpredictable future, rather than his "good will," developed rationally from what we know to be true. Rational thinking on such issues also demands thinking without regards to what "God wants." While Kant was a Deist, he saw God as a clock maker, or prime mover. Religion is to be limited by reason.

The principles of criminal justice are, therefore, not to be built upon the shifting sands of guesswork, or priestly interpretations, but on cement-like foundations such as retribution. This retribution is to be determined only by the sovereign, not as a revenge desired by the individual victims and the victim's empathizers. Only the impersonal sovereign has the authority to prescribe physical punishments. Crime is, in fact, a hurt caused to the sovereign government by those who would break the sovereign's laws, as opposed to civil crime, where the victim might get monetary damages from the one(s) causing financial harm. Retributions can be proportionate to the circumstances.

Equality, on the other hand, is not to be proportionate to the circumstances. A crime committed by the greatest Aristocrat is to be treated in exactly the same way as a crime by the lowliest peasant.

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Source Material: A History of World Societies, Fifth Edition, Volume II, Since 1500 by McKay, Hill, Buckler, Ebrey

Source Material: Worlds of History, A Comparative Reader, Volume Two: Since 1400 by Kevin Reilly

Source Material: Primis, Political Science, Ethical Theory of Government, Discourses (ISBN: 0-390-97507-9) published for Skidmore-Hess

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