A Sexual Hazard of the Juridical Normativity in Kant’s Doctrine of Right: On Perversion as a Quasi-Transcendental Condition of Right

Abstract

This essay proposes a rereading of the Kantian doctrine of domestic law and conjugal rights. I analyse the textual anomalies released by the introduction of the concept of „dingliche Art persönlichen Recht“, disturbing the juridical, anthropological, and metaphysical dichotomy between Ding and Person, and compelling a series of operations to restore its impossible disjunction, as crucial as it is to articulate the categories of ownership and community: on the one hand, operations of reciprocal metaphorisation of femininity and animality (and of domesticity and domestication), and on the other hand, operations of the metonymisation of genital and oral objects. I finally try to enlighten how these two attempts to juridicise the sexuality, or to submit its “organs” to the norm of the law, release as well two excessive limits, maybe two traumatic points where the Kantian jouissance break through its own philosophical rampart.