This chapter situates corrective justice within Kant's philosophy of right. It traces the normative presuppositions of corrective justice to Kant's conception of the will, that is, of the freedom and purposiveness of self-determining activity. It also connects corrective justice to the institutions of a functioning legal order. Kant presents legality as an idea of reason, an articulated unity applicable to the external relationships of free beings. Legality thus conceived makes the right prior to the good within the conceptual sequencing of the operations of practical reason. Accordingly, the juridical relationship of one party to another in private law can be understood independently of the ethical duties incumbent upon them.
Keywords: kant; philosophy of right; the will; idea of reason; priority of the right; law and ethics
Chapter. 12842 words.
Subjects: Jurisprudence and Philosophy of Law
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