TY - JOUR
T1 - Kant on Acting from Juridical Duty
AU - Santos Campos, André
N1 - info:eu-repo/grantAgreement/FCT/5876/147240/PT#
UID/FIL/00183/2019
DL 57/2016/CP1453/CT0066
IF/01587/2015
PY - 2019
Y1 - 2019
N2 - Amuchdebatedpassage in the Metaphysics ofMorals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving includes an incentive ‘which connects a ground to determining choice to this action subjectively with the representation of the law’ (MM: 218). On the other hand, he claims that juridical lawgiving ‘does not include the incentive of duty in the law’ (MM: 219). The first claim seems to entail that agents can perform a juridical duty for the sake of that duty; the second seems to entail that agents cannot perform a juridical duty for the sake of that duty. This paper shows that it is possible to reconcile both passages and to claim that one can act from juridical duty in Kant’s terms. First, it gives an account of what can be called the paradox of juridical duties. Second, it discusses briefly how responses to the paradox remain somewhat unsatisfactory. Finally, it clarifies how agents can act with no other incentive but the actual juridical duty without endangering the Kantian moralitylaw divide.
AB - Amuchdebatedpassage in the Metaphysics ofMorals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving includes an incentive ‘which connects a ground to determining choice to this action subjectively with the representation of the law’ (MM: 218). On the other hand, he claims that juridical lawgiving ‘does not include the incentive of duty in the law’ (MM: 219). The first claim seems to entail that agents can perform a juridical duty for the sake of that duty; the second seems to entail that agents cannot perform a juridical duty for the sake of that duty. This paper shows that it is possible to reconcile both passages and to claim that one can act from juridical duty in Kant’s terms. First, it gives an account of what can be called the paradox of juridical duties. Second, it discusses briefly how responses to the paradox remain somewhat unsatisfactory. Finally, it clarifies how agents can act with no other incentive but the actual juridical duty without endangering the Kantian moralitylaw divide.
KW - Kant
KW - juridical duty
KW - paradox of juridical imperatives
KW - acting from duty
KW - Metaphysics of Morals
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U2 - 10.1080/09672559.2019.1617331
DO - 10.1080/09672559.2019.1617331
M3 - Article
SN - 0967-2559
VL - 27
SP - 1
EP - 17
JO - International Journal of Philosophical Studies
JF - International Journal of Philosophical Studies
IS - 4
ER -