University of Surrey

Test tubes in the lab Research in the ATI Dance Research

Kant's Typo, and the Limits of the Law

Newhouse, ME (2013) Kant's Typo, and the Limits of the Law Doctoral thesis, Harvard University.

[img]
Preview
Text
Newhouse Dissertation.pdf
Available under License : See the attached licence file.

Download (794kB) | Preview
[img]
Preview
PDF (licence)
SRI_deposit_agreement.pdf
Available under License : See the attached licence file.

Download (33kB) | Preview

Abstract

This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not the action in question has been prohibited by statute, Kant's legal philosophy is consistent with a natural law theory of public crime. Moreover, because the law can obligate us only by establishing a universal external incentive to obey its commands, statutes that impose only fines on nominal violators do not constrain our lawful options. Instead, if they are otherwise just, such statutes must be regarded as rightful permissive laws, according to which we may incur liabilities through our voluntary choices.

Item Type: Thesis (Doctoral)
Divisions : Theses
Authors :
AuthorsEmailORCID
Newhouse, MEUNSPECIFIEDUNSPECIFIED
Date : 15 May 2013
Contributors :
ContributionNameEmailORCID
Thesis supervisorApplbaum, AUNSPECIFIEDUNSPECIFIED
Thesis supervisorKamm, FUNSPECIFIEDUNSPECIFIED
Thesis supervisorFried, CUNSPECIFIEDUNSPECIFIED
Thesis supervisorKessler, MUNSPECIFIEDUNSPECIFIED
Additional Information : Copyright 2013 remains with the author.
Depositing User : Symplectic Elements
Date Deposited : 02 Dec 2015 16:03
Last Modified : 02 Dec 2015 16:03
URI: http://epubs.surrey.ac.uk/id/eprint/806243

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year


Information about this web site

© The University of Surrey, Guildford, Surrey, GU2 7XH, United Kingdom.
+44 (0)1483 300800