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RETRIBUTIVIST INHUMANITY

Jean‐Christophe Merle-2009-05-28-Cambridge University Press eBooks
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The theory of retaliation is not only incompatible with the concept of right of Kantian philosophy (see Part i) and of German idealism (see Part ii). Contrary to Kant's claims, it even proves itself to be a theory that respects the dignity in the criminal's person less than the alternatives of deterrence. Most radically, Nietzsche excludes the concern for human dignity both in the citizen's and in the criminal's person from being a motive and a plausible aim of retributive punishment. According to Nietzsche, the idea of retaliation allows no room for the necessary internalization and reflection out of which alone bad conscience and remorse in the criminal as well as humane interaction with society could arise (see Chapter 6).

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The theory of retaliation is not only incompatible with the concept of right of Kantian philosophy (see Part i) and of German idealism (see Part ii). Contrary to Kant's claims, it even proves itself to be a theory that respects the dignity in the criminal's person less than the alternatives of deterrence. Most radically, Nietzsche excludes the concern for human dignity both in the citizen's and in the criminal's person from being a motive and a plausible aim of retributive punishment. According to Nietzsche, the idea of retaliation allows no room for the necessary internalization and reflection out of which alone bad conscience and remorse in the criminal as well as humane interaction with society could arise (see Chapter 6).

Keywords

DignityRemorsePunishment (psychology)PhilosophyRetributive justiceConscienceExpressivismEpistemology

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