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  1. Followability, Necessity, and Excuse: Interpreting Kant’s Penal Theory.Robert Campbell - forthcoming - Kantian Review:1-18.
    Philosophers traditionally interpret Kant as a retributivist, but modern interpreters, with reference to Kant’s theory of justice and problematic passages, instead propose penal theories that mix retributive and deterrent features. Although these mixed penal theories are substantively compelling and capture the Kantian spirit, their dual aspects lead to a justificatory conflict that generates an apparent dilemma. To resolve this dilemma and clear the ground for these mixed theories, I will outline and reinterpret Kant’s penal theory by situating it in his (...)
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  • The Symbol of Justice: Bloodguilt in Kant.Krista K. Thomason - 2021 - Kantian Review 26 (1):79-97.
    One of the more notorious passages in Kant occurs in the Doctrine of Right where he claims that ‘bloodguilt’ will cling to members of a dissolving society if they fail to execute the last murderer (MM, 6: 333). Although this is the most famous, bloodguilt appears in three other passages in Kant’s writings. These have received little attention in Kant scholarship. In this article, I examine these other passages and argue that bloodguilt functions as a symbol for the demandingness of (...)
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  • The Structure of Death Penalty Arguments.Matt Stichter - 2014 - Res Publica 20 (2):129-143.
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...)
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  • Retributive Justice in the Breivik Case: Exploring the Rationale for Punitive Restraint in Response to the Worst Crimes.David Chelsom Vogt - 2024 - Retfaerd - Nordic Journal of Law and Justice 1:25-43.
    The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...)
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