The thesis that Kant's “Rechtslehre” is entirely independent of his transcendental idealism is simply not correct. In fact: the material contents of the “Rechtslehre” follow analytically from the logical explication of the empirical concept of external freedom, whereas the absolute practical validity (“Verbindlichkeit”) of the imperative and of the imperatives of right is based exclusively on the categorical imperative and therefore ultimately on transcendental idealism.

Kant hat bewiesen, dass reine Vernunftnotwendigkeit der einzige nicht zufällige, also unbedingte Geltungsgrund von Ethos und Recht ist. Dazu bedarf Vernunftnotwendigkeit der Anwendung auf die menschliche Praxisdisposition und wird dadurch zum Sittengesetz. Es begründet das untergeordnete Verhältnis von Recht und Moral. Die menschliche Freiheit hat in der Notwendigkeit des Sittengesetzes ihren absoluten Grund und ihr Kriterium. Daher kann es nicht in unserem Belieben stehen, soziale, ethische und rechtliche Regeln aufzustellen, sondern es ist unabweisbare Menschenpflicht, sich nur Regeln zu geben, die (...) dem Sittengesetz gemäß sind. Auch die Geltung staatlicher Gesetze ist von dieser Übereinstimmung abhängig.Kant has shown that pure rational necessity is the single non-contingent and thus unconditional basis for the validity of law and ethics. In addition, rational necessity requires application to human practical disposition and thereby becomes moral law. The moral law provides the basis for the subordinate relationship of law and ethics. Human freedom finds its absolute foundation and its criterion in the necessity of the moral law. Accordingly, it cannot be within our discretion to establish social, ethical, and juridical rules, bur instead it is an imperative duty for human beings to adopt rules that accord with the moral law. The validity of state legislation is also dependent on this accordance. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 109 Heft: 1 Seiten: 1-8.

In fourteen scholarly yet delightfully readable essays, Ober solves some ancient mysteries and reveals the secret kinks and passions of famous and obscure historical figures.

What did democracy mean before liberalism? What are the consequences for our lives today? Combining history with political theory, this book restores the core meaning of democracy as collective and limited self-government by citizens. That, rather than majority tyranny, is what democracy meant in ancient Athens, before liberalism. Participatory self-government is the basis of political practice in 'Demopolis', a hypothetical modern state powerfully imagined by award-winning historian and political scientist Josiah Ober. Demopolis' residents aim to establish a secure, prosperous, and (...) non-tyrannical community, where citizens govern as a collective, both directly and through representatives, and willingly assume the costs of self-government because doing so benefits them, both as a group and individually. Basic democracy, as exemplified in real Athens and imagined Demopolis, can provide a stable foundation for a liberal state. It also offers a possible way forward for religious societies seeking a realistic alternative to autocracy. (shrink)

_Tracing practical reason from its origins to its modern and contemporary permutations_ The Greek discovery of practical reason, as the skilled performance of strategic thinking in public and private affairs, was an intellectual breakthrough that remains both a feature of and a bug in our modern world. Countering arguments that rational choice-making is a contingent product of modernity, _The Greeks and the Rational_ traces the long history of theorizing rationality back to ancient Greece. In this book, Josiah Ober explores how (...) ancient Greek sophists, historians, and philosophers developed sophisticated and systematic ideas about practical reason. At the same time, they recognized its limits—that not every decision can be reduced to mechanistic calculations of optimal outcomes. Ober finds contemporary echoes of this tradition in the application of game theory to political science, economics, and business management. _The Greeks and the Rational_ offers a striking revisionist history with widespread implications for the study of ancient Greek civilization, the history of thought, and human rationality itself. (shrink)

"It's the animal in us," we often hear when we've been bad. But why not when we're good? Primates and Philosophers tackles this question by exploring the biological foundations of one of humanity's most valued traits: morality. In this provocative book, primatologist Frans de Waal argues that modern-day evolutionary biology takes far too dim a view of the natural world, emphasizing our "selfish" genes. Science has thus exacerbated our reciprocal habits of blaming nature when we act badly and labeling the (...) good things we do as "humane." Seeking the origin of human morality not in evolution but in human culture, science insists that we are moral by choice, not by nature. Citing remarkable evidence based on his extensive research of primate behavior, de Waal attacks "Veneer Theory," which posits morality as a thin overlay on an otherwise nasty nature. He explains how we evolved from a long line of animals that care for the weak and build cooperation with reciprocal transactions. Drawing on both Darwin and recent scientific advances, de Waal demonstrates a strong continuity between human and animal behavior. In the process, he also probes issues such as anthropomorphism and human responsibilities toward animals. Based on the Tanner Lectures de Waal delivered at Princeton University's Center for Human Values in 2004, Primates and Philosophers includes responses by the philosophers Peter Singer, Christine M. Korsgaard, and Philip Kitcher and the science writer Robert Wright. They press de Waal to clarify the differences between humans and other animals, yielding a lively debate that will fascinate all those who wonder about the origins and reach of human goodness. (shrink)

"It's the animal in us," we often hear when we've been bad. But why not when we're good? Primates and Philosophers tackles this question by exploring the biological foundations of one of humanity's most valued traits: morality. -/- In this provocative book, primatologist Frans de Waal argues that modern-day evolutionary biology takes far too dim a view of the natural world, emphasizing our "selfish" genes. Science has thus exacerbated our reciprocal habits of blaming nature when we act badly and labeling (...) the good things we do as "humane." Seeking the origin of human morality not in evolution but in human culture, science insists that we are moral by choice, not by nature. -/- Citing remarkable evidence based on his extensive research of primate behavior, de Waal attacks "Veneer Theory," which posits morality as a thin overlay on an otherwise nasty nature. He explains how we evolved from a long line of animals that care for the weak and build cooperation with reciprocal transactions. Drawing on both Darwin and recent scientific advances, de Waal demonstrates a strong continuity between human and animal behavior. In the process, he also probes issues such as anthropomorphism and human responsibilities toward animals. -/- Based on the Tanner Lectures de Waal delivered at Princeton University's Center for Human Values in 2004, Primates and Philosophers includes responses by the philosophers Peter Singer, Christine M. Korsgaard, and Philip Kitcher and the science writer Robert Wright. They press de Waal to clarify the differences between humans and other animals, yielding a lively debate that will fascinate all those who wonder about the origins and reach of human goodness. (shrink)

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free (...) and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates. (shrink)

Opposing the tendency to read Thucydides as a strong realist, committed to a theory of behaviour that assumes rationality as expected utility maximization, Ned Lebow and Clifford Orwin emphasize Thucydides’ attentiveness to deviations from rationality by individuals and states. This paper argues that Thucydides grasped the principles underlying contemporary prospect theory, which explains why people over-weight small probabilities and under-weight near certain ones. Thucydides offers salient examples of excessive risk-aversion in the face of probable gains and excessive risk-seeking by decision-makers (...) faced with high probability losses. Thucydides suggests that in a democracy, leaders’ rhetoric can limit or exacerbate the political effects of bias in risk assessment. (shrink)

Democracy is shown to be a non-instrumental good-in-itself (as well as an instrument in securing other goods) by extrapolation from the Aristotelian premise that humans are political animals. Because humans are by nature language-using, as well as sociable and common-end-seeking beings, the capacity to associate in public decisions is constitutive of the human being-kind. Association in decision is necessary (although insufficient) for happiness in the sense of eudaimonia. A benevolent dictator who satisfied all other conditions of justice, harms her subjects (...) by denying them opportunity to associate in the decisions by which their community is governed. (shrink)

The relationship between participatory democracy (the rule of and by a socially diverse citizenry) and constitutional liberalism (a regime predicated on the protection of individual liberties and the rule of law) is a famously troubled one. The purpose of this essay is to suggest that, at least under certain historical conditions, participatory democracy will indeed support the establishment of constitutional liberalism. That is to say, the development of institutions, behavioral habits, and social values centered on the active participation of free (...) and equal citizens in democratic politics can lead to the extension of legally enforced immunities from coercion to citizens and noncitizens alike. Such immunities, here called “quasi-rights,” are at least preconditions for the personal autonomy and liberty in respect to choice-making that are enshrined as the “rights of the moderns.” This essay, which centers on one ancient society, does not seek to develop a formal model proving that democracy will necessarily promote liberal constitutionalism. However, by explaining why a premodern democratic citizenry of free, adult, native males—who sought to defend their own interests and were unaffected by Enlightenment or post-Enlightenment ideals of inherent human worth—chose to extend certain formal protections to slaves, women, and children, it may point toward the development of a model for deriving liberalism from democratic participation. Development of such a model could have considerable bearing on current policy debates. (shrink)

The field of narrative medicine holds that personal narratives about illness have the potential to give illness meaning and to create order out of disparate facets of experience, thereby aiding a patient’s treatment and resisting universalizing medical discourse. Two narratives of bipolar disorder, Kay Redfield Jamison’s prose memoir An Unquiet Mind and Ellen Forney’s graphic memoir Marbles challenge these ideas. These writers demonstrate that one result of bipolar disorder is a rupture to their sense of identity, making straightforward and verbal (...) forms of narrative impossible. During periods of relative mood stability, reliable memories of mania or depression are equally impossible. As a result, these memoirists seek to develop sources of self-knowledge other than memory and introspection, long the foundations of personal narrative. Finally, An Unquiet Mind and Marbles return attention to questions of selfhood at a time when scholarship on memoir rejects interpretations of life stories as clear and reliable expressions of identity. (shrink)

ABSTRACTIlya Somin's Democracy and Political Ignorance proposes an original, epistemic argument for decentralizing and downsizing democratic government. Somin's argument does not produce a plausible real-world program for government reform, nor does he exhaust the universe of what voting is for, or possible democratic solutions to the epistemic problem of rational ignorance and cognitive limitation. But his proposal is of considerable interest as an advance in political theory. The historical example of the classical Greek world of decentralized authority and small city-states (...) suggests that democracy does benefit, in epistemic ways, from decentralization, reduced scale, and simplification of procedural rules. The tradeoff is, however, increased responsibility on the part of individual citizens to undertake civic services of various kinds. (shrink)