Kant’s Criminal Wisdom. A Critical Reconstruction

Maximiliano Hernández Marcos

inicjal„>Kant’s criminal theory has been challenged for its supposed strict and abstract retributivism, which distances itself from the predominantly utilitarian views of Enlightenment. This negative perception is exclusively founded on fragment E of Remark added to &49 of The Metaphysics of Morals. Th is study proves, however, that Kant had a more complex criminal theory, not explicitly stated, but which can be reconstructed especially through his posthumous legacy. In particular, we highlight Kant’s understanding of retribution, as a responsibility of the State, in terms of “criminal wisdom”; in other words, as a public praxis that should combine criminal justice and prudence in accordance with the primacy of moral values over politics.

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Keywords: Criminal Law · Kant · Enlightenment · Hegel · retributive justice · political prudence