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Human Nature and the Right to Coerce in Kant's Doctrine of Right

Title data

Pinheiro Walla, Alice:
Human Nature and the Right to Coerce in Kant's Doctrine of Right.
In: Archiv für Geschichte der Philosophie. Vol. 96 (April 2014) Issue 1 . - pp. 126-139.
ISSN 1613-0650
DOI: https://doi.org/10.1515/agph-2014-0006

Abstract in another language

This paper explores the alleged role of a conception of human nature for Kant’s justification of the duty to leave the state of nature and the related right to coerce others to enter the civil condition in the Doctrine of Right (1797). I criticise the interpretation put forward by Byrd and Hruschka, according to which Kant’s postulate of public right is a preventive measure based on a “presumption of badness” of human beings. Although this reading seems to be supported by § 42 of the Doctrine of Right, I shall argue that the paragraph neither offers a justification of why we have a duty to leave the state of nature, nor explains why individuals are allowed to coerce others to do so. I offer an alternative interpretation of § 42 by focusing on the difference between formal and material violations of right and argue that the rationale behind the postulate of public right is the idea that remaining in the state of nature is a formal violation of the concept of right. It is therefore not prudential reason that authorizes us to coerce others to enter the lawful condition.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Cultural Studies > Department of Philosophy > Juniorprofessur Politische Philosophie > Juniorprofessur Politische Philosophie - Juniorprof. Dr. Alice Pinheiro Walla
Faculties
Faculties > Faculty of Cultural Studies
Faculties > Faculty of Cultural Studies > Department of Philosophy
Faculties > Faculty of Cultural Studies > Department of Philosophy > Juniorprofessur Politische Philosophie
Result of work at the UBT: No
DDC Subjects: 100 Philosophy and psychology > 100 Philosophy
Date Deposited: 02 Jan 2018 16:16
Last Modified: 02 Jan 2018 16:16
URI: https://eref.uni-bayreuth.de/id/eprint/41503