Abstract

The current interest in Kant in the North American debate on criminal punishment arise from a deceptive hope: Kant seems as a sort of “antidote” useful to mitigate the results of correctional and merely intimidatory practice. Both the two current interpretations of his philosophy, for their typical post-modern statement, are yet improper and unproductive. Both Kant as a pioneer of so-called “limiting retributivism” and Kant theorist of “pure retributivism”, “purged” of the extreme application of the logic of jus talionis, do offer us an “antidote” that is ineffective against the justified malaise which is rampant amongst the ranks of utilitarians on the other side of the Atlantic. Rather than a genuine medicine, it seems to be a sweetener, designed perhaps to make the unconscionable logic of power more acceptable, but certainly not to limit it