THE ISSUE OF THE MEASURE'S FAIRNESS IN KANT'S DOCTRINE OF RIGHT

The problem of fairness between offence and penalty constitutes one of the most relevant legal issues since it is closely connected to the everyday practice of the courts and of judges in search of the application of the fair measure in each case examined. This text aims to explore that problem within the Kant's Doctrine of Right and, thus, the text contains besides the Introduction, Conclusion and References, the following topics: the universal and necessary character of the practical laws; the Principle of Talion: measure and proportionality of the penalty; and, finally, the sovereign's power of pardoning.