“Retribution” or “Retributive justice” can be defined as “a theory of justice that considers punishment, if proportionate, to be the best response to crime.” (Wikipedia, 2016) Peter Koritansky, philosopher and author made a distinction between two views on retributive punishment in his work entitled “Two theories of retributive punishment: Immanuel Kant and Thomas Aquinas” in 2005 in which he believed that the Thomistic understanding of retribution is superior to that of Kant and this write-up is going to outline the reasons as to why he think this is the case. To illustrate this, it is vital therefore that we understand the Kantian retributivism and Aquinas’s understanding of punishment. Firstly the Kantian retributivism or the theory of retributive by Immanuel Kant suggests that punishment in the form of coercion of force is necessary to establish justice and to punish criminals, he emphasized that “Punishment by a court…can never be inflicted merely as a means to promote some other good for the criminal himself or for civil society, but that it must always be inflicted upon him for the fact that he has committed a crime” [Page 320].Kant describes this form of punishment as a “categorical imperative” meaning independent from any personal motives or desire. He insisted that “The will to punish, if moral, must be from nothing more than recognition of a criminal’s desert and must be motivated solely by the cold calculation of what justice requires.” [Page 322].By this
“... man produces evil as a bee produces honey…” (Golding, 1958) William Golding, the author of Lord of the Flies, believed that man was inherently vile and corrupted. Furthermore, to prove his point, he wrote his novel as a response to Coral Island. Golding writes how he believes that the beast is not a physical (outside) factor but a mental (inside) problem. The idea of mankind being corrupt can be seen through the “what” and the “why”. Through the understanding of these concepts, we are also able to understand the need for tougher laws, along with a solid and secure authority.
The German philosopher Immanuel Kant is considered to be a central figure of contemporary philosophy. Kant argued that fundamental concepts, structure human experience and that reason is the foundation of morality. In Kant’s 1784 essay “What is Enlightenment” he briefly outlined his opinions on what Enlightenment is, the difficulties to enlightenment and how individuals attain enlightenment. Kant defined enlightenment as “Man’s release from his self-incurred tutelage” (Kant 1) and the “Courage to use his own reason.”(Kant 1) Immanuel Kant believed that “laziness and cowardice” were the leading reasons why many men remained un-enlightened. Kant stated that people refused to free themselves from the device of “self-imposed tutelage” because
The end does not justify the means. This was the principal ethical theory of Immanuel Kant and made up his ‘Categorical Imperative’, a deontological argument which showcased how certain actions are fundamentally wrong, such as murder, lying or torture and can therefore, never be justified. Contrastingly a utilitarian would claim that the ends do in fact justify the means and would enact a focus on outcomes in deciding whether or not an action is morally permissible. In 2002 Jakob Von Metzler, a boy of just twelve years, was kidnapped and a police officer threatened the kidnapper, Magnus Gafgen, with torture in an attempt to find and save the child. Gafgen told the officer that he had killed the boy and then disclosed the location of the body.
In his famous work “The Grounding for the Metaphysics of Morals” Kant tries to develop a moral philosophy which depends on fundamental concepts of reason and tries to show that while making moral choices we should use reason. Kant, as an Enlightenment philosopher, places all his confidence in reason. In the first chapter, we generally recognized that an action is moral if and only if it is performed for the sake of duty. Duty commands itself as imperative. There are two types of imperatives as hypothetical and categorical.
Nonconsequentialism came from the work of Immanuel Kant, who is known to be the founder of critical philosophy. Markham (2007) described Kant as ‘the giant in philosophy’. Through his research and work, Immanuel Kant labelled himself a deontologist. According to Markham (2007), a deontologist is ‘a person who recognises that there are absolute moral prohibitions that must be applied consistently to all situations’. Different from consequentialism, people who tend to have the mind set of a deontologist believe that you should do your ethical duty, regardless of the outcome.
The voice of conscience acts as a moral sensor, which is triggered whenever we face an ethical behaviour and fires the alarm once the morality is breached. Utterly, It is up to our will whether to listen irresistibly to the voice that is what Kant calls it “moral predisposition” or mute it which consequently leading to immoral behaviour. The previous argument explains the moral law imposed by Kant. Furthermore, he emphasised that people are rational beings act according to their morals, he considers people as a moral agent and ought to act morally and willingly motivated by the
The question requires one to discuss as to what extent has the “Presumption of Innocence” as articulated by Viscount Sankey in Woolmington v DPP  , has changed in light of Human Rights Act [HRA] 1998. Woolmington v DPP is a landmark House of Lords [ HOL] case where the Presumption of Innocence was first articulated # . In delivering his judgement for a unanimous Court, Viscount Sankey made his famous "Golden thread’ speech . ‘Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to... the defence of insanity and subject also to any statutory exception. If, at the end of and on the whole of the case, there is a reasonable doubt,
In the first sentence of essay, Kant answers the question: “Enlightenment is the man’s emergence from his self-incurred immaturity.” He says that immaturity is from the lack of courage to use one’s intellect, reason & wisdom without the guidance of another. The motto of the enlightenment is “Sapere aude” (Dare to know! ), which means, “Have the courage to use your own thoughts and understanding”. In the essay, he emphasizes on the need for people to use their own powers of understanding and reasoning instead of depending on others or on an external system to provide it to them. This essay is essentially a plea for the vital importance of freedom of speech, thought, and debate.
Von Ranke felt that people in authority use history as a tool, they tried to find stories of morality or ideology in the events and recorded them to accomplish a particular philosophy or achieve a desired end (nationalism, for example, or expiation for certain national sins). He believed that history should be neutral, record the facts and nothing more and that interpretation should be left to the individual. The result which he encountered was that there was rancor and hostility as factions on all sides criticized him, each side emphasizing that "their" version of history was the only
Since almost every ethical issue arises when a matter concerning two remarkably different possibilities conflict with one another, the theory of Immanuel Kant may be able to find a definitive solution to this concerning ethical issue pertaining to euthanasia and/or physician assisted suicide. Nevertheless, to describe euthanasia in a bit more context, it is “seen as the deliberate action of a physician . . . With the intent to end another’s life for benevolent motives such as