The Permissibility of Deterrence

Many philosophers argue that is morally objectionable in principle to punish people in order to deter others from committing crimes. Such punishment is said to treat the offender simply as a means to benefit others. This Kantian argument rests on a certain reading of the Formula of Humanity. However, the central concept in that formula is not ‘treating a person simply as a means’, but rather ‘treating a person as an end’. This conclusion speaks against the moral principle that Victor Tadros uses to support his non-consequentialist theory of punishment. Furthermore, a plausible way of interpreting the injunction to treat people as ends—Rawls’ original position—does not rule out seeking deterrence. Therefore, Kantianism and consequentialism do not differ in a fundamental way on the permissibility of deterrence. But Rawls’ Kantianism sets an implausible ceiling on the severity of punishments, and consequentialism does not.