Permissive Laws and the Dynamism of Kantian Justice

Law and Philosophy 33 (1):105-136 (2014)
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Abstract

If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be brought into ever-closer conformity with the ideal that justice prescribes. In this essay, I will argue that this is exactly what Kant’s mature legal and political theory offers. To discern this feature of Kant’s theory, a neglected component must be integrated into his broader framework. This component is what Kant refers to in Toward Perpetual Peace as a permissive law of public right

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Author's Profile

Jacob Weinrib
University of Toronto, St. George (PhD)

References found in this work

The right to lie: Kant on dealing with evil.Christine M. Korsgaard - 1986 - Philosophy and Public Affairs 15 (4):325-349.
Authority and Coercion.Arthur Ripstein - 2004 - Philosophy and Public Affairs 32 (1):2-35.

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