Criminal Law in Kant´s juridical theory. On the articulation between the retributive and the preventive functions of punishment

Abstract

In this paper I analyze the relationship between the retributive and the preventive function of punishment, within the frame of Kant´s juridical theory. Despite Kant´s explicit rejection of the preventive function in his brief discussion on Criminal Law, his observations regarding right and coercion allow to establish an acknowledgement of the preventive function. In my discussion of this topic, I will consider some methodological, juridical and moral premises which influence Kant´s emphasis on the retributive principle. I will also consider the relationship between both function (retributive and preventive) of punishment, within the frame of his brief treatment of Criminal Law.