Zur Relativität der Vergeltung als Strafzweck unter besonderer Berücksichtigung des Retributivismus Kants

The concept of “Vergeltungstheorie” is defined by questioning its absoluteness as its essential quality and subsuming it under a type of theory of punishment that also includes relative theories: the retributivism. This eliminates its labeling as purposeless, rigorous, pure, comprehensive, or cruel. Its core consists of three theses: Punishment instantiates an intrinsic value. Punishment fits the negative desert of the offender. Punishment contributes to the realization of justice. All this is shown by the example of Kant's doctrine of criminal law: It can be understood as a version of relative retributivism.