Permissive Laws and Teleology in Kant’s Juridical and Political Philosophy

Kantian Review 27 (2):215-236 (2022)
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Abstract

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia.

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J. Theodore Klein
University of Massachusetts, Boston

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References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
A Permissive Theory of Territorial Rights.Lea Ypi - 2012 - European Journal of Philosophy 22 (2):288-312.

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