Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation (...) - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case. (shrink)

Thomas Hill, a leading figure in the recent development of Kantian moral philosophy, presents a set of essays exploring the implications of basic Kantian ideas for practical issues. The first part of the book provides background in central themes in Kant's ethics; the second part discusses questions regarding human welfare; the third focuses on moral worth -- the nature and grounds of moral assessment of persons as deserving esteem or blame. Hill shows moral, political, and social philosophers just how valuable (...) moral theory can be in addressing practical matters. (shrink)

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...) but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. (shrink)

In the Doctrine of Right, Kant claims that killings motivated by the fear of disgrace should be punished less severely than other murders. I consider how Kant understands the mitigating force of such motives, and argue that Kant takes agents to have a moral right to defend their honour. Unlike other rights, however, this right of honour can only be defended personally, so that individuals remain in a 'state of nature' with regard to any such rights, regardless of their political (...) situation. According to Kant, we should be lenient in these cases because the malefactors are caught between two kinds of authentic normative demand, at a point where the proper authority of the state collides with a certain authority which individuals must claim for themselves. (shrink)

Both a morality, like Kant's, which relies on wrongdoers' guilt feelings and expectation of punishment, as enforcement for its requirements, and one which, like Hume's, relies on the feelings of shame and expectation of their fellows' contempt which will be felt by those showing lack of the moral virtues, seem to merit the charge that morality is an intrinsically cruel institution. The prospects for a gentle non-punitive morality are explored, and Hume's views found more promising, for this purpose, than Kant's.

gegenstand der vorliegenden Arbeit ist die Reformdiskussion und Gesetzgebung zum Tatbestand der Kindestotung gemass 217 a.F. StGB von 1870 bis zu dessen Aufhebung durch das Sechste Gesetz zur Reform des Strafrechts am 1. April 1998.".