Unformatted text preview: s as ends; 2) The interests of crime victims as ends are irrelevant in retributivism; n472 3) Therefore, the necessary use of victims' being victimized constitutes using the victims merely as means in order to treat culpable wrongdoers as ends and to attain appropriate retributive punishment. Steps 1 and 2 should be fairly uncontroversial. What is critical is step 3. That is, whether retributivism's failure to treat crime victims as ends, despite the necessary use of victims' being victimized, constitutes using victims merely as means. Kant's Maxim Does Not, and Should Not, Apply to Retributivism's Use of Crime Victims Russell L. Christopher; Visiting Assistant Professor of Law, Florida State University, College of Law (Spring 2002); Assistant Professor of Law, University of Tulsa, College of Law (Fall 2002); Northwestern University Law Review; Spring, 2002 One could object that although retributivism might use crime victims as mere means, Kant's injunction does not (and should not) apply to a punishment authority's use of crime victims in punishing offenders. In other words, while Kant's maxim applies to a punishment system's treatment of offenders, who are directly involved, the victims of crime are too remote to the process and only peripherally involved. The objection, however, is unpersuasive. Kant does not limit the application of his maxim to certain persons. Those not to be used as mere means include all of humanity. As Kant, in perhaps the most famous formulation of the maxim, declares: "Act so that you treat humanity, whether in your own person or that of another, always as an end and never as a means only." n514 Therefore, by Kant's plain language, crime victims, as part of humanity, would seem to be included among those who must not be used as mere means. But perhaps a retributivist might argue that Kant's plain language should not be dispositive. SLHS Value File Libertarianism Good
LIBERTARIANISM WILL NOT LEAD TO CHAOS Tom G. Palmer, "Myths of Individualism", CATO Policy Report, September/October 1996 Vol. XVIII No. 5, http://w...
View Full Document
This document was uploaded on 11/20/2013.
- Fall '13