Published online by Cambridge University Press: 18 July 2025
In the Feyerabend lecture Kant already presents his claim that the principle of right is a principle of coercion, that is, that the state is authorized to use coercion to counteract an unauthorized violation of universal freedom. Such state use of force is a hinderance of a hinderance to freedom. But how is this coercive power specified in particular circumstances? I examine three extreme cases in which a state might be authorized to use its coercive power against its own citizens to cause their deaths: capital punishment, eminent right in emergencies, and war. This paper will show that Kant offered specific explanations of particular limits to legitimate state power, rejecting different limits offered by Beccaria (capital punishment), Achenwall (eminent right and war), and Vattel (war). These assessments reveal that Kant was of several minds regarding whether in any social contract a citizen could rationally consent to these uses of coercion and whether actual or only hypothetical consent was required. I suggest that only later in the published Doctrine of Right did Kant work out his position consistently.
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