Kant’s writings discuss in depth the right of society to punish those who have committed crimes against society, although his analysis is heavily inundated with the belief of his times. This makes his writings an interesting look at the development of the judicial philosophy in regards to the power of the state. Kant describes the right to punish as, “The right to punish is the right a ruler has against a subject to inflict pain upon him because of his having committed a crime” (383). This means that Kant believes that the right to conduct justice is the sole job of a sovereign. Kant also lays out other forms of absolute authority a ruler has, such as to manage his land, banish/exile, and promote immigration in his domain. Kant then goes more in depth on what exactly is deserving of a punishment. One of his main philosophies is that by committing a wrong doing, someone has both wronged society and himself. This means that by trying to steal from someone, he has endangered society as a whole, including himself. This is because it takes away from the legitimacy of the law and society. Kant also believes that crime should be punished in such as way that it is equivalent to how the intentions and actions of the perpetrator affected society. He uses as an example the recent Scottish Rebellion of his time, he deduces that someone who acted in honor to defend House Stewart should be killed in order for his intentions to be accurately punished, as he probably wished to die for his cause. While someone who acted for private interests should be subjected to a life of servitude, since his intentions were much less noble. This also brings up an important distinction between judicial philosophy of our time and that of Kant’s, which is the idea of honor. Honor according to Kant, while not a very tangible thing in regards to the working of the state, is very important in regards to civil right, and stands alongside the law. Overall, Kant’s writings offer an insightful look at the beginnings of how the state should administer justice.
