The paper deals with Kant's notion of punishment in general, as well as one
specific form of punishment, namely, the death penalty. In the first part of
the article we will exmine, Kant's views on punishment as well as an extent
to which it is retributive. According to Kant's view, offenders should be
punished exclusively for having committed an offense (retribution), and
proportionally to the crime commited (ius talionis). In recent literature,
there are interpretations that indicate Kant's criminal theory is not
completely retributive, but rather combined, so that it contains elements of
retribution and intimation. If we clearly outline the goal, justification and
extent of punishment, the purpose and justification of forming the state
(time and punishment), we will make sure that these interpretations are
incorrect. The paper shows that Kant retribution determines the goal and
justification of punishment, that the reason and justification of the state
(and punishment) is the achievement of justice, that is, the preservation of
individual freedoms of citizens on an equal footing, while the control of
crime should be understood as the achievement of this goal. Also, one needs
to bear in mind the distinction between the factual and the normative level -
Kant claims that a person should be punished exclusively for having committed
the offense, although her punishment simultaneously intimidates or deters the
offense of another citizens, which is a factual claim. The theory of
punishment prescribes the goal and justification of punishment, which falls
within the normative domain, and in Kant?s opinion, it is fundamentally
retributive. It is also necessary to take into account another distinction
that Kant introduces, which is the distinction between the noumenal and
phenomenal spheres of existence. Justice is a noumen or an idea, that the
state pursues to achieve, while it is realized or made into a phenomenon when
the state applies laws and penalties in a particular community. Intimidation
or control of crime is part of the realization of justice in the empirical
world. The second part deals with Kant's affirmation of the death penalty,
objections to this affirmation, and ultimately, an alternative to this
punishment is proposed. The alternative to the death penalty stems from
incoherence in the application of the ius talionis principle. That could be
one Kantian approach to punishment. A lifetime imprisonment argument avoids
the objection of irreversibility of punishment (the argument from the
irrevocability of the death penalty) and is in line with the basic principles
of Kant's ethics.