Private Law and Kantian Right

Kantian Right and the Categorical Imperative: Response to Willaschek

In his 2009 article ‘Right and Coercion,’ Marcus Willaschek argues that the Categorical Imperative and the Universal Principle of Right are conceptually independent of one another because (1) the concept of right and the authorization to use coercion are analytically connected in Kant’s ‘Doctrine of Right’, but (2) the authorization to coerce cannot be derived from the Categorical Imperative. G...

Distributive Injustice and Private Law

A Kantian Defense of the Right to Health Care -Draft-

In Kantian political philosophy external freedom, understood as the ability to take up means toward the attainment of ends we have set for ourselves, is secured through the three branches of the republican state. Indeed, the state is necessary for the exercise of this freedom. However, in order to provide a condition consistent with the original contract, further institutions are required; in t...

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

Evolution and Kantian morality