On the Kantian distinction between Ethics and Right: Linearity and Mediation

Con-Textos Kantianos 1 (13):344-364 (2021)
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Abstract

The aim of this paper is to provide an original account of the distinction between the spheres of Sitten that goes beyond the traditional one based on the nature of incentives, since this underestimates some of their characteristics. First, the paper identifies in obligatio a common source between Ethics and Right. Then, it explores how in the Metaphysics of Morals the connection between law and incentive constitutes a more relevant criterion to distinguish ethical lawgiving from juridical lawgiving. Specifically, it demonstrates that such connection: to be ethical should be linear, understood as a necessary self-determined process of connecting law to incentive; to be juridical should be mediated, namely it comprises an inclusive disjunction between two modalities of connecting law to incentive: a non-necessary linear and a divergent one. It concludes by exploring the implications of such perspective on the notions of internalisation and externalisation associated to each lawgiving.

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References found in this work

The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
Critique of Practical Reason.Immanuel Kant (ed.) - 1788 - New York,: Hackett Publishing Company.
Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge, Mass.: Harvard University Press.
Critique of Pure Reason.I. Kant - 1787/1998 - Philosophy 59 (230):555-557.

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