This Kantian positive duty to punish cannot be assimilated to negative retributivism's purely instrumental justification without distorting the deontological structure that grounds the entire theory.
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Negative retributivism(as used in philosophy of punishment)
A form of retributivism focused on limiting punishment to only what is deserved, rather than actively requiring punishment as a moral duty.
Retributivism(as used in ethics and justice philosophy)
A theory of punishment that says people deserve to be punished in proportion to the harm they caused—the worse the crime, the harsher the punishment should be.
positive duty(type of moral responsibility)
An obligation to actively do something helpful or constructive (like helping someone in danger), as opposed to simply avoiding harm.