ABSTRACT

The chapter explores where the instant argument stands with respect to the law and morality debate, and the potential effects on civil society of the foregoing moral analysis. Law and morality are closely intertwined. Immanuel Kant’s conception of autonomy regards the legislation of universal moral law. An understanding of freedom as entailing duties of respect may impact society. Where freedom is understood as obligation and rights as duties of respect, the self is considered to be attached and in relation. In the contexts of natural rights, classical liberalism, and civil rights, many legal thinkers have highlighted the importance of duty and responsibility. The individual envisioned in the conception of positive freedom put forward is attached to and in relations with community and society. The ethics of communication to which both Kant and Judaism point require that respect be shown. These structures of thought affirm that autonomy and dignity are universal and unconditional for all.