The Permissibility of Deterrence

In this paper I explore the degree to which the most plausible versions of a Kantian approach to punishment differ from plausible versions of a consequentialist approach with regard to the permissibility of deterrence. I begin by examining the Formula of Humanity. Perhaps surprisingly, I show that the most plausible statement of this principle does not even mention the idea of treating people merely as a means. The other crucial claim in that principle—that we must treat people as ends—is in fact the operative idea. The best interpretation of the Formula of Humanity makes Kantianism a basically ‘objective’ moral theory, in a sense to be explained, as is consequentialism. After defending my interpretation of the formula I go on to consider a recent theory of punishment developed by Victor Tadros that appeals to a principle paralleling the Formula of Humanity, the Means Principle. I argue that the Means Principle is not a plausible moral principle by using arguments that derive from my interpretation of the Formula of Humanity. The Means Principle is therefore unsuited to be the way to frame a discussion of whether deterrent punishments are permissible. In Section IV I discuss a version Kantian moral theory that can be seen as based on a proper interpretation of the Formula of Humanity. This version, drawing on the work of John Rawls, permits the pursuit of deterrence. This suggests that Kantianism and consequentialism are not divided on the issue of the permissibility of deterrence. In the final section I note one reason for thinking that further features of the consequentialist approach to deterrence make it superior to the Kantian-Rawlsian

Kantianism, Consequentialism and Deterrence

It is often argued that Kantian and consequentialist approaches to the philosophy of punishment differ on the question of whether using punishment to achieve deterrence is morally acceptable. I show that this is false: both theories judge it to be acceptable. Showing this requires attention to what the Formula of Humanity in Kant requires agents to do. If we use the correct interpretation of this formula we can also see that an anti-consequentialist moral principle used by Victor Tadros to criticize consequentialism is implausible. I go on to examine the version of John Rawls' theory that is used by Sharon Dolovich to develop a Kantian theory of legal punishment. This makes clear why punishment to achieve deterrence in the 'circumstances of justice' is morally acceptable. However, in at least one respect consequentialism gives us a more convincing understanding of the limits on the pursuit of deterrence than the Kantian theory does

Deterrent Punishment in Utilitarianism

This is a presentation of the utilitarian approach to punishment. It is meant for students. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or less severe than the lex talionis