Kant and the Problem with Pardons
29 Pages Posted: 29 Mar 2010 Last revised: 2 Apr 2010
Date Written: March 31, 2010
Abstract
Modernity's two most influential systems of moral philosophy, utilitarianism and deontology, agree on almost nothing at the level of core principles. But their respective founders, Bentham and Kant, did concur on one rather surprising policy preference- their hostility to the exercise of public mercy. In this paper, we explore the roots of that hostility in the writings of Kant. We situate Kant's views on punishment within political debates going on in 18th century Prussia and argue that Kant's opposition to pardons rests not primarily on a general sense that every evil deed must receive proportionate human punishment, but rather on the conditions for the legitimate exercise of political power. Kant's primary objection is to the sovereign forgiving wrongs done to other citizens, which explains the anomaly of why Kant allows commutations in cases where mass executions would deplete the population of the state.
Keywords: Kant Punishment Mercy Pardons Political
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