Followability, Necessity, and Excuse: Interpreting Kant’s Penal Theory

Abstract

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 broader moral and political philosophy. This move grounds the followability requirement, which is necessary to resolve the dilemma.