Abstract
If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be brought into ever-closer conformity with the ideal that justice prescribes. In this essay, I will argue that this is exactly what Kant’s mature legal and political theory offers. To discern this feature of Kant’s theory, a neglected component must be integrated into his broader framework. This component is what Kant refers to in Toward Perpetual Peace as a permissive law of public right.
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Weinrib, J. Permissive Laws and the Dynamism of Kantian Justice. Law and Philos 33, 105–136 (2014). https://doi.org/10.1007/s10982-013-9175-4
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DOI: https://doi.org/10.1007/s10982-013-9175-4