In his incisive and provocative analysis, ‘The place of punishment in Kant's Rechtslehre’, Paul Gorner discusses many aspects of Kant's position. I concentrate on his main contention:Kant's justification of judicial punishment simply does not fit the account of right he gives in the Rechtslehre. According to this account the only justification for coercion is that it constitutes a ‘hindering of a hindrance’ to freedom. But there is no way in which this requires punishment to be retributive.

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)