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Custom essay sample

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“In general, the two great opposing traditions of thought about punishment and the criminal law are the retributivist and utilitarian traditions. We shall briefly outline the main theses of each tradition, focusing in each case on their main weaknesses. The main theses of classical retributivism were stated by Immanuel Kant when he argued that punishment rests on the moral obligation to punish moral evil per se in strict proportion to the degree of the evil, notwithstanding the consequences. Kant's view may be analyzed into several theses. First, it is necessary that the person punished be morally guilty; the morally innocent may never be punished. Second, it is sufficient that the person be morally guilty; no other consequences need be taken into account. Third, the punishment must be in strict proportion to the moral evil of the offense; thus, punishments must be strictly graded to match the moral gravity of the offense. Kant imagines that punishments should be graded qualitatively; murder thus calls for the death penalty, rape for castration, etc. Fourth, punishments are to be assessed only in terms of moral guilt; no other consequences of any kind may be taken into account. Thus, Kant effectively argues that though one knew the world were to end shortly and that therefore punishment would have no deterrent or other consequences, punishments must still be inflicted. The existence of moral guilt requires the imposition of punishment…”