TY - JOUR
T1 - Shame and Punishment in Kant's Doctrine of Right
AU - Sussman, David George
PY - 2008/4
Y1 - 2008/4
N2 - 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.
AB - 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.
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U2 - 10.1111/j.1467-9213.2007.530.x
DO - 10.1111/j.1467-9213.2007.530.x
M3 - Article
AN - SCOPUS:61049311994
SN - 0031-8094
VL - 58
SP - 299
EP - 317
JO - Philosophical Quarterly
JF - Philosophical Quarterly
IS - 231
ER -