Kant on Strict Right
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Abstract
For Kant right and ethics are two formally distinct departments of a single morality of reason and freedom. Unlike ethics, right involves an authorization to coerce, and this coercion serves as a pathological incentive. I argue that for Kant the distinctive character of right flows from the fact that juridical obligation has a different relational structure than ethical obligation. I argue that this relational structure explains the connection of right to coercion, and also explains how a categorical imperative can be known a priori to issue in both a pathological and non-pathological incentive. Thus the justification of coercion and its special role as incentive are rooted in the relational character of juridical obligations, and so ultimately in categorical imperatives of reason. Since this pathological incentive has a moral basis in the structure of juridical obligations, and so ultimately in a representation of moral laws, I argue that Kant’s discussion of the juridical incentive of coercion is more continuous with his main discussion of moral incentives in the Critique of Practical Reason than it might at first appear. I illustrate the consequences of this reading by discussing the propensity to injustice, as Kant understands it, and the unique way in which the juridical incentive undermines it.
