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    LoyalLoyalJusticeJustice
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    321,452
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    42
    Kant's conception of legitimacy is linked to the justific... — Carmelics
    Home/Rights & Liberty
    HistoryEditSee Inverse

    Kant's conception of legitimacy is linked to the justification of coercion.

    Rights & Liberty
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Rights are constitutively coercive, since every right restricts others' freedom.
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    • 2.The civil state is defined by the establishment and securing of rights.
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    • 3.Legitimacy of the civil state must therefore account for the coercive nature of rights.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.For Kant, the civil state is grounded in the idea of a universal will, not merely in the management of coercion.
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    • 2.Legitimacy in Kant derives from conformity to rational principles of public right, which are prior to and independent of coercive enforcement.
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    • 3.Conflating the instrument of legitimacy (coercion) with its ground (rational consent) misreads Kant's transcendental framework.
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    Reason against 2 of 2
    ?
    • 1.Rawls and Habermas both argue that Kantian legitimacy requires public justification acceptable to free and equal persons, not simply authorized force.
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    • 2.If coercion were constitutive of legitimacy rather than merely its enforcement mechanism, Kant's account would collapse into legal positivism, which he explicitly rejects.
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    Topics

    Rights & LibertySocial Contract

    Related

    Conflating the instrument of legitimacy (coercion) with its ground (rational con...For Kant, the civil state is grounded in the idea of a universal will, not merel...If coercion were constitutive of legitimacy rather than merely its enforcement m...Legitimacy in Kant derives from conformity to rational principles of public righ...
    +4 moreShow less
    Legitimacy of the civil state must therefore account for the coercive nature of ...Rawls and Habermas both argue that Kantian legitimacy requires public justificat...Rights are constitutively coercive, since every right restricts others' freedom.The civil state is defined by the establishment and securing of rights.

    Similar

    The problem of legitimacy centrally involves the justification of coer...91%State coercion requires strong justification to be deemed morally perm...84%Coercion requires adequate moral justification, not necessarily specia...78%Political legitimacy should be understood as what creates political au...77%

    Source

    AI-extracted1/3 agreementValid
    SEP: legitimacy
    View source passageHide passage
    The civil state, according to Kant, establishes the rights necessary to secure equal freedom. Unlike for Locke and his contemporary followers, however, coercive power is not a secondary feature of the civil state, necessary to back up laws. According to Kant, coercion is part of the idea of rights. The thought can be explained as follows. Coercion is defined as a restriction of the freedom to pursue one’s own ends. Any right of a person—independently of whether it is respected or has been violat
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit