Full Description
How do law and morality relate to each other in Kant's philosophy? Is law to be understood merely as an application of general moral principles to legal institutions, or does law have its own normativity that cannot be traced back to that of morality? This volume of new essays is a comprehensive treatment of law and morality in Kant, which also sheds new light on Kant's practical philosophy more broadly. The essays present different approaches to this core issue and address related topics including the justification of legal coercion, the role of freedom and autonomy for law and politics, legal punishment and the question of its ethical presuppositions, moral luck, and the role of permissive laws in Kant's legal and political philosophy. The volume will be of interest to researchers and graduate students working on Kant's moral and legal philosophy. This title is also available as Open Access on Cambridge Core.
Contents
Introduction Martin Brecher and Philipp-Alexander Hirsch; Part I. Law and Morality: Derivation or Separation?: 1. Kant on moral universality and the normative foundations of right Marcus Willaschek; 2. Kant's direct route from the categorical imperative to the universal law of right Bernd Ludwig; 3. Kant on the general will test and the categorical imperative procedure Christoph Horn; 4. Kant's right as normatively independent. one strategy considered and rejected Sorin Baiasu; Part II. Sanctions and Coercion - A Problem for a Derivational Reading?: 5. Legal coercion as a moral problem? Kant on the enforcement of rights and the limits of moral personality Philipp-Alexander Hirsch; 6. Should criminals be punished for their folly? On the ethical foundations of Kant's legal philosophy Kate Moran and Jens Timmermann; Part III. Issues Across the Boundaries of Law and Morality: 7. Morality, legality and luck Ralf Bader; 8. Kant on permissive law Martin Brecher; 9. Bridging the juridical gap: ethical and juridical duties in the absence of political institutions Alice Pinheiro Walla; Part IV. External Freedom and Kantian Legal Philosophy: 10. The Kantian legal relation as radical non-positivism George Pavlakos; 11. What is external freedom? Japa Pallikkathayil; Part V. Law and Morality in Kant's Political Theory: 12. Two conceptions of freedom in Kant's political philosophy: the moral foundations of Kantian politics J. P. Messina; 13. Independence and Kant's positive conception of freedom Pauline Kleingeld; 14. Morality, right, and responsibility Paul Guyer; Bibliography; Indices.
