Authors
Thomas Mertens
Radboud University Nijmegen
Abstract
Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,163
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Emergencies and Criminal Law in Kant's Legal Philosophy.Thomas Mertens - 2017 - [email protected] - An International Journal for Moral Philosophy 16 (3):459-474.
On Kant’s Duty to Speak the Truth.Thomas Mertens - 2016 - Kantian Review 21 (1):27-51.
The Coalition of the Willing.Bert van Roermond - 2005 - Ethical Perspectives 12 (4):443-464.
On Kant, Infanticide, and Finding Oneself in a State of Nature.Jennifer K. Uleman - 2000 - Zeitschrift für Philosophische Forschung 54 (2):173 - 195.
Is Kant a Retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
Kant on Capital Punishment and Suicide.Attila Ataner - 2006 - Kant Studien 97 (4):452-482.

Analytics

Added to PP index
2020-01-30

Total views
2 ( #1,447,957 of 2,507,021 )

Recent downloads (6 months)
1 ( #417,155 of 2,507,021 )

How can I increase my downloads?

Downloads

My notes