Kant’s punitive idealism and its relation to the so-called victim’s right to retribution

Authors

  • Jean Pierre Matus Acuña Universidad de Chile

DOI:

https://doi.org/10.7764/rda.0.1.107

Keywords:

Kant, Retributionism, Punitivism, Victims, Fundamental rights

Abstract

This article supports the thesis that current punitivism, based on the supposed right of the victims to retribution can be based philosophically on Kantian idealism and its claim to do justice as a categorical imperative, without being subject to such limitations as the principle of legality and other constitutional rights claimed by the criminal law system of liberal and democratic states.

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Author Biography

Jean Pierre Matus Acuña, Universidad de Chile

Jean Pierre Matus Acuña is a full professor of criminal law at the Universidad de Chile, Ph. D. (Jur) from the Autonomous University of Madrid, postdoctoral fellow of the Alexander von Humboldt Foundation at the University of Göttingen (Germany) and author of numerous books and texts within his specialty, including the Chilean Criminal Law Manual, Special Section, co-authored by Professor María Cecilia Ramírez Guzmán, published by Tirant Lo Blanch (Valencia, 2nd Ed., 2018).

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Published

2018-07-31

How to Cite

Matus Acuña, J. P. (2018). Kant’s punitive idealism and its relation to the so-called victim’s right to retribution. Revista De Derecho Aplicado LLM UC (LLM UC Practical Law Journal), (1). https://doi.org/10.7764/rda.0.1.107

Issue

No. 1 (2018): Issue 1, January-July 2018

Section

Original Research Articles or Literature Reviews

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