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At the heart of this chapter lies the following question: how can the fact that lawful behaviour can be enforced be explained against the background of Kant’s moral philosophy? I argue that without grounding Right in morality we cannot even understand coercion as a normative problem. The reason is that for Kant coercion becomes problematic only vis-à-vis persons, because they – being ends in themselves – can legitimately claim not to be coerced (1). This does not mean, however, that coercion is completely inadmissible according to Kant. For by defining equal, relational freedom as a sphere of non-domination, the law also defines a sphere in which coercion is permissible because it is morally unproblematic and requires no justification (2). Tracing back coercion to the limits of autonomy, however, does not only explain why coercive force is ‘deducible’ from moral autonomy (and the Categorical Imperative as its principle). Even more, this requires us to reconsider whether Kant can consistently argue against the external enforceability of internal perfect duties (e.g. the prohibition of suicide) (3).

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Chapter 5 - Legal Coercion as a Moral Problem?

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Chapter 5 - Legal Coercion as a Moral Problem?

Summary