In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

ABSTRACT This article examines the under-researched figure A.W. Rehberg in his exchange with Kant over the relationship between theory and practice in the philosophy of right. I argue that Rehberg raises, what I call, two problems of political matter which attempt to show that Kant's overly formal approach to political theory cannot justifiably determine political practice. The first problem is the problem of positive determinations of right, rather than merely negative prohibitions. Rehberg takes this to mean that Kant cannot determine (...) us to a specific form of constitution. I argue that Kant's innovation of intelligible property functions as a response to this critique in that it provides the possibility of synthetic propositions of right a priori. Second, Rehberg insists that an a priori system of right cannot relate to already formed historical communities. Here Kant's response comes close to agreeing with Rehberg as Kant takes prudential or historical reasoning to harmonize with the demands of a priori right in order to applied to the sensible world. Kant, in this instance, comes closer to Rehberg by denying centralized enlightened monarchy and the reliance on natural and historical development for the application of right. (shrink)

In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.