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Essay about Kant and Mill’s Positions on Capital Punishment

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Capital punishment is most commonly known as the death penalty or punishment by death for a crime. It is a highly controversial topic and many people and great thinkers alike have debated about it. Two well-known figures are Immanuel Kant and John Stuart Mill. Although both stand in favor of capital punishment, their reasons for coming to this conclusion are completely different. I personally stand against capital punishment, but my own personal view on it incorporates a few mixed elements from both individuals as well as my own personal insight. Firstly, in order to understand why Kant and Mill support capital punishment, we must first understand their views on punishment in general.
Kant believes in the theory of the categorical …show more content…

This law of retaliation is taught throughout our entire childhood and applies universally. The golden rule of, “Do unto others as you would have them do unto you,” is just another way of phrasing this law. However, in order to prove the effectiveness of this law, we must apply to all circumstances in a situation. That’s when problems begin emerging. Questions about right and wrong, fair and unfair, just and unjust, and deciding who is to be the judge of the problems, are some of the troubles we face.
Kant chooses to stick with the principle of retaliation even when dealing with capital punishment. He believes that “every murderer —anyone who commits murder, orders it, or is an accomplice in it— must suffer death.” (Kant 107) In order for justice to be made, the murderer must suffer the same consequences as his crime. If the murderer is not punished with death, it would not be a fair punishment because people would rather choose to live a tough life than die a quick death; and if this were the case, living would imply a less than equal punishment for the crime. Kant does say, however, that a criminal should only be punished for retribution. Any other reasons for his punishment, such as deterrence, are unacceptable because a human being should “never be treated merely as a means to the purposes of another.” (Kant 105) Doing so would violate the criminal’s rights as a human being.
In contrast, Mill believes in the theory of utilitarianism, which is the

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