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Right and the Authorisation to Coerce

Williams, Garrath
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philosophy
Kant conceptualises right in terms of an authorisation to use coercion. This has foundational significance for his whole practical philosophy. Yet he scarcely argues for this conceptualisation. "Quid juris?" – what title do we have to such a concept? This paper contrasts Kant’s quite distinct treatment of “lying from philanthropy” – or better, lying for the sake of right. If I cannot lie to uphold right, then how may I coerce? As Kant notes, lying is not usually a juridical wrong; we may choose whether to believe someone. By contrast, coercion represents a direct denial of freedom. Tamar Schapiro has interpreted Kant’s theory of action to provide a persuasive account of defensive lying. I suggest that defensive coercion be analysed on the same model, sharply distinguishing it from aggressive attempts. I also suggest that defensive acts invoke public right, just as private coercion opposes it, and highlight how this coheres with the principle that no person be a mere means for another.
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