This paper contends that both theological and jurisprudential considerations support the claim that criminals ought to be treated as free agents who are responsible for their actions. The essay is conducted in the spirit of C. S. Lewis and Kant, among others, who shared non-utilitarian views on punishment for the criminal--that this is truly the most 'humanitarian' approach society can possibly take.
Can.and should.societal punishment operate in the absence of freewill on the criminal.s part? Should punishment exist only if rehabilitation can be achieved? In this paper, we contend (1) that Christian theology answers these questions in the negative, and (2) that a proper jurisprudence does likewise.