Law and Morality in Kant

doi:10.1017/9781009292030

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.

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Contents

Law and Morality in Kant
pp i-ii
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Law and Morality in Kant - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Contributors
pp vii-viii
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Acknowledgements
pp ix-ix
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Abbreviations for Works by Kant
pp x-xii
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Introduction
pp 1-14
- By Martin Brecher, Philipp-Alexander Hirsch
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Part I - Law and Morality: Derivation or Separation?
pp 15-92
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Chapter 1 - Kant on Moral Universality and the Normative Foundations of Right
pp 17-35
- By Marcus Willaschek
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Chapter 2 - Kant’s Direct Route from the Categorical Imperative to the Universal Law of Right
pp 36-53
- By Bernd Ludwig
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Chapter 3 - Kant on the General Will Test and the Categorical Imperative Procedure
pp 54-74
- By Christoph Horn
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Chapter 4 - Kant’s Right as Normatively Independent
pp 75-92
One Strategy Considered and Rejected
- By Sorin Baiasu
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Part II - Sanctions and Coercion: A Problem for a Derivational Reading?
pp 93-128
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Chapter 5 - Legal Coercion as a Moral Problem?
pp 95-113
Kant on the Enforcement of Rights and the Limits of Moral Personality
- By Philipp-Alexander Hirsch
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Chapter 6 - Should Criminals Be Punished for Their Folly?
pp 114-128
On the Ethical Foundations of Kant’s Legal Philosophy
- By Kate Moran, Jens Timmermann
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Part III - Issues across the Boundaries of Law and Morality
pp 129-192
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Chapter 7 - Morality, Legality, and Luck
pp 131-147
- By Ralf M. Bader
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Chapter 8 - Kant on Permissive Law
pp 148-168
- By Martin Brecher
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Chapter 9 - Bridging the Juridical Gap
pp 169-192
Ethical and Juridical Duties in the Absence of Political Institutions
- By Alice Pinheiro Walla
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Part IV - External Freedom and Kantian Legal Philosophy
pp 193-238
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Chapter 10 - The Kantian Legal Relation as Radical Non-Positivism
pp 195-219
- By George Pavlakos
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Chapter 11 - What Is External Freedom?
pp 220-238
- By Japa Pallikkathayil
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Part V - Law and Morality in Kant’s Political Theory
pp 239-306
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Chapter 12 - Two Conceptions of Freedom in Kant’s Political Philosophy
pp 241-261
The Moral Foundations of Kantian Politics
- By J. P. Messina
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Chapter 13 - Independence and Kant’s Positive Conception of Freedom
pp 262-284
- By Pauline Kleingeld
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Chapter 14 - Morality, Right, and Responsibility
pp 285-306
- By Paul Guyer
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Bibliography
pp 307-321
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Subject Index
pp 322-325
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Index of Persons
pp 326-328
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