FOUNDATIONS OF A KANTIAN THEORY OF PUNISHMENT

It has recently been argued that there is probably no theory of punishment to be found in Immanuel Kant's writings, but that “if one selects carefully among the many remarks and insights that Kant has left us about crime and punishment, one might even be able to build such an edifice from the bricks provided.”¹ In this paper, I seek to provide part of a foundation of a Kantian theory of punishment, one which is consistent with many, if not all, of Kant's own insights on justice. Finally, I assess the plausibility of Kant's view.