In the short essay on theory and practice, Kant declares that the social contract differs from all other types of contracts in that agreement to its is obligatory and may be exacted through the use of force. In this paper, I examine Kant's justification of the moral necessity of civil society. Kant locates the ground of our obligation to enter into a civil union in the necessity of property for action and civil society as the necessary condition of the institution (...) of property. It is my contention that the idea of the social contract is central to this project in that it joins together both moral autonomy and political authority in a conceptual unity that establishes the legitimacy of civil society, or the juridical condition as the collective dimension of autonomy. (shrink)

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...) but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government. (shrink)