How Kant's View of Perfect and Imperfect Duties Resolves an Alleged Moral Dilemma for Judges

Ratio Juris 18 (4):415-428 (2005)
I clarify Kant's classification of duties and criticize the apocryphal tradition that, according to Kant, perfect duties trump imperfect duties. I then use Kant's view to argue that judges who believe that an action is immoral and should be illegal need not set aside their beliefs in order to comply with binding precedents that permit the action. The same view of morality that causes some people to oppose certain actions, including abortion, requires lower–court judges to comply with binding precedents. Therefore, someone's opposition to legal abortion, by itself, does not justify opposing that person's nomination to a lower court.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  • Through your library Configure
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles

    Monthly downloads

    Added to index


    Total downloads

    162 ( #3,318 of 1,089,154 )

    Recent downloads (6 months)

    1 ( #69,735 of 1,089,154 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature

    Start a new thread
    There  are no threads in this forum
    Nothing in this forum yet.