Academic

Yankah on Ripstein on Kantian Legal & Political Philosophy

By Lawrence Solum

Ripstein begins by clearing away the notion that Kantian legal theory can be isolated by translating Kantian moral prohibitions into legal ones. Instead, he explores, with both depth and simplicity, Kant?s distinction between moral and legal duties. Ripstein highlights the basis of Kantian legal theory as the freedom from interference with external freedom. The fundamental idea is that the basis of legal right is the ability to decide for yourself what your purposes will be or, put otherwise, to be your own master and slave to none. Thus, in order to ensure freedom one may use force to hinder those who would interfere with another?s external freedom. Indeed, for Kant, the claim is stronger ? freedom encapsulated in legal right is constituted by the ability to employ coercion to secure all from interference with their external freedom. Thus, force is a constitutive element of freedom.

Full post as published by Legal Theory Blog on August 12, 2010 (boomark / email).