Steven Sverdlik

It is often argued that Kantian and consequentialist approaches to the philosophy of punishment differ on the question of whether using punishment to achieve deterrence is morally acceptable. I show that this is false: both theories judge it to be acceptable. Showing this requires attention to what the Formula of Humanity in Kant requires agents to do. If we use the correct interpretation of this formula we can also see that an anti-consequentialist moral principle used by Victor Tadros to criticize consequentialism is implausible. I go on to examine the version of John Rawls' theory that is used by Sharon Dolovich to develop a Kantian theory of legal punishment. This makes clear why punishment to achieve deterrence in the 'circumstances of justice' is morally acceptable. However, in at least one respect consequentialism gives us a more convincing understanding of the limits on the pursuit of deterrence than the Kantian theory does.

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.1 (2002) 13-14 [Access article in PDF] Unconscious Evil Principles Steven Sverdlik DAVID WARD CONTENDS that Kant cannot explain why people perform evil acts, in the special sense that Ward attaches to the term. He suggests that if we utilize a notion of the unconscious acceptance of certain sorts of principle then a plausible explanation—that still draws on some Kantian ideas—can be given. I have some worries about how successful Ward's proposal is.I do not want to go deeply into the interpretation of Kant's texts. However, I think that Ward is mistaken in claiming that "Kant was not in possession of the idea of the unconscious." The Groundwork of the Metaphysic of Morals contains a well-known passage suggesting some notion of unconscious motivation. The second chapter opens with a strikingly modern discussion of our inability to know our motives for acting. Kant writes that "we can never, even by the most strenuous self-examination, get to the bottom of our secret impulsions; for when moral value is in question, we are concerned, not with the actions which we can see, but with their inner principles, which we cannot see" (Paton 1964, 75). Needless to say, this is not a detailed theory about the mechanisms operating unconsciously, but it leaves room for such an account. So let us credit Kant with accepting the idea of unconscious motivation and thought. How will this help to solve the problem that Ward sees?Evil behavior, as Ward understands it, is done "simply because it is wrong." It is contrasted with nasty behavior that is due to the operation of some natural desire or emotion such as lust or anger. The problem that Ward finds in evil behavior is that it must be based on some principle. It is not instinctive or unthinking. But if we evaluate practical principles with Kantian tests, we see that evil principles fail. That is, they will be seen as incapable of being universalized. This establishes that action based on such principles is wrong, in Kant's approach. Here is where Ward finds the notion of an unconscious principle helpful. Evil people have unconsciously adopted a principle like "protect your self-image at all costs." And this can explain their harmful actions, which indeed they may not even enjoy doing.I assume that Ward means to be giving a general scheme for explaining evil behavior. Although he uses M. Scott Peck's concept of "malignant narcissism" as an illustration, the general concept of unconscious principles clearly allows for other sorts of evil. While I am not familiar with Peck's work, I have a clear sense from Ward's quotations from it that there are indeed other sorts of behavior that would strike us as evil in at least roughly Ward's sense of the term. Ward himself mentions in passing the example of concentration camp guards. I assume that some of these people are not malignant narcissists. I will therefore concentrate on the general concept of evil behavior, and the adequacy of the appeal to unconscious principles in explaining it. [End Page 13]One of my worries about Ward's proposal concerns the explanandum, the other concerns the explanans.First, consider the explanadum evil behavior. Ward's initial characterization of evil behavior is that it is "doing the wrong thing simply because it is wrong." But doing evil for its own sake—the behavior fictionally exemplified by Milton's Satan—is often said to be a conceptual impossibility. (There are, however, philosophers who have defended the idea of its possibility.) The important point is that many sorts of character that would strike us as evil in some sense do not conform to this paradoxical idea. Concentration camp guards, again, do not seem plausibly characterized as killing people simply because it is wrong to do so. Perhaps they believe that inferior races ought to be exterminated to advance the destiny of superior ones. And, curiously enough, Ward's own example of evil, Peck's malignant narcissism, is said by Ward to operate on the principle of protecting your...