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1 results

  • Chapter 9 - Bridging the Juridical Gap

  • from Part III - Issues across the Boundaries of Law and Morality
  • Edited by Martin Brecher, Universität Mannheim, Germany, Philipp-Alexander Hirsch, Max Planck Institute, Freiburg
  • Book:
    Law and Morality in Kant
    Published online:
    16 December 2025
    Print publication:
    22 January 2026, pp 169-192
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  • Summary

    This chapter discusses the idea that being ‘in transition’ towards a juridical condition impacts or shapes our duties and rights from a Kantian perspective. It analyses the implications of treating juridical duties as if they were duties of virtue, in the absence of or under imperfect juridical institutions. It argues that this introduces a problem for Kant’s account of ethical and legal obligations because respecting the dignity of those to whom a juridical duty is owed requires treating their claims as a matter of right instead of ethics. It also criticizes the way in which Kant’s theory of acquired rights in the state of nature has been reinterpreted as a theory of ‘provisionality’. Recent Kant scholarship has highlighted the ability of Kant’s legal-political theory to guide us through messy political developments in the manner of non-ideal theory. The chapter will object that the way Kant connects provisional rights and permissive laws has little to do with non-ideal theory, and follows instead from Kant’s apagogical argument for acquired rights in the state of nature.