This essay argues that a black radical Kantianism proposes a Kantian theory of justice in the circumstances of injustice. First, I describe BRK’s method of political critique and explain how it builds on Kant’s republicanism. Second, I argue that Kant’s original account of public right is incomplete because it neglects that a situated citizenry’s adoption of an ideal contributes to its refinement. Lastly, with the aid of W.E.B. Du Bois’s analysis of American Reconstruction and his proposal of an “abolition democracy,” (...) I offer my refined universalizable standard for political critique. Du Bois reconceptualizes the requirements of justice to protect the political liberties and productive powers of black freedmen and the working poor. While originating with the political demands of black freedmen during the Reconstruction era, the universal protection of political liberties and productive powers offers a novel public standard for political judgment that should still anchor deliberation today. (shrink)

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

In this paper I explore elements from Kant’s philosophy of right to develop a relational account of the wrong of poverty. Poverty is a relational wrong because it involves relations of problematic dependence, inequality, and humiliation. Such relations infringe the rights to freedom and equality of the poor. And the called-for response is one of public recognition and protection of the rights of the poor. This position means we must radically reconceptualize our individual duties to the poor: not _private beneficence_, (...) but _private remedies for public failures_. (shrink)

Kant’s theory of citizenship replaces the French revolutionary triptych of liberty, equality and fraternity with freedom (Freiheit), equality (Gleichheit) and civil self-sufficiency (Selbständigkeit). The interpretative question is what the third attribute adds to the first two: what does self-sufficiency add to free consent by juridical equals? This article argues that Selbständigkeit adds the idea of interdependent independence: the independent possession and use of citizens’ interdependent rightful powers. Kant thinks of the modern state as an organism whose members are agents possessed (...) of rightful (productive) powers, whose interdependent mode of exercise independently of unilateral permission matters for right. The empirical form of that ideal, according to Kant, is a republic of independent commodity producers. I will show that this reading of Selbständigkeit can consistently explain Kant’s disenfranchisement of women, wage labourers and landless farmers; that it offers a robust alternative to influential republican, libertarian and proprietarian interpretations of the Kantian state; and that it can buttress an original account of community as productive interdependence. (shrink)

The paper defends that it is possible to offer a Kantian argument for justifying the introduction of Universal Basic Income (UBI). It first briefly presents Philippe van Parijs’ argument for UBI based on the concept of real freedom for all. In doing so, it will focus on its general structure and central insight, without entering too much into other issues like the economic feasibility of UBI. It second briefly presents Kant’s concept of external freedom and especially focuses on some of (...) its components to assess whether there is some closeness to van Parijs’ concept of real freedom. It further considers whether UBI is not only compatible with a Kantian position, but can be justified from such a position because it represents a tool for concretely realizing external freedom as presented in the _Doctrine of Right_ and for attaining the ethical ideal of virtuosity presented in the _Doctrine of Virtue_. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. There (...) are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

The main purpose of this article is to bring into relief the difficulties faced by generous interpretations of the Kantian problem of poverty and to propose an alternative interpretation which (a) agrees with some generous interpretations that Kant's juridical treatment of poverty is to be understood by analogy with his juridical treatment of slavery, but which (b) departs from generous interpretations in general by arguing that this analogy is not to be understood in terms of “dependence” as such, but in (...) terms of “depersonification.” More specifically, it argues that what makes slavery and poverty unjust for Kant is not that they entail a human being finding herself (completely) dependent on the choice of another human being, but that they entail a human being being deprived of her juridical personality. The Kantian problem of poverty is ultimately a problem of juridical depersonification, and this problem of juridical depersonification does not arise in all (complete) dependence relations. (shrink)

Poverty is a global problem that is not only about material deprivation, but also a lack of agency and power. A Kantian response, with its focus on supporting the conditions of agency and empowerment, seems well suited to providing individuals with normative guidance on what their obligations are. The problem is that the guidance one finds within Kantian ethics is focused on the individual duty to aid or the duty to rescue, both of which have limited application in the context (...) of a complex, wide-ranging and structural problem like poverty. Individuals, on their own, are unable to end poverty and they cannot adopt this as an end of theirs. But if they get together with enough others, things look a lot more promising. Even though a fully Kantian response to poverty requires exploring his legal philosophy and the role of the state, I focus here on the moral obligations of individuals, particularly the idea that by joining together we have increased capacity to respond and make a difference. If we start with certain assumptions about capacity and agency; namely that “ought implies can” and “only agents are duty-bearers”, it is not clear that collectives that are not (yet) agents—such as “humanity” or “the affluent” or “the poor”—are possible duty-bearers. The aim of this paper is to support a more expansive account of Kantian moral obligations in which unstructured collectives have moral duties and their individual members have duties both to help form effective collective agents, and also to fulfill their shares of the collective duty to end poverty. (shrink)

I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate (...) a condition in which the authority to make such claims can no longer be unilaterally determined. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the two questions (...) satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms. (shrink)

European Journal of Philosophy, Volume 30, Issue 2, Page 823-839, June 2022.

Kant distinguishes between ‘active’ and ‘passive’ citizens and holds that only the former are civilly self-sufficient and possess rights of political participation. Such rights are important, since for Kant state institutions are a necessary condition for individual freedom. Thus, only active citizens are entitled to contribute to a necessary condition for the freedom of each. I argue that Kant attributes civil self-sufficiency to those who are not under the authority of any private individual for their survival. This reading is more (...) textually grounded than the dominant reading, which understands civil self-sufficiency in terms of economic relations alone. I further argue that Kant was interested in relations of authority because he was concerned to eliminate certain forms of corruption. This indicates that Kant’s contested distinction between active and passive citizens was a response to a key problem of any account of public lawgiving. (shrink)

This article discusses five attempts at justifying the provision of welfare on Kantian grounds. I argue that none of the five proposals is satisfactory. Each faces a serious challenge on textual or systematic grounds. The conclusion to draw from this is not that a Kantian cannot defend the provision of welfare. Rather, the conclusion to draw is that the task of defending the provision of welfare on Kantian grounds is a difficult one whose success we should not take for granted.

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the ideal (...) of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

The notion of a distinction between merely formal freedom and real, substantive freedom is common in both philosophy and political rhetoric. However, Ian Carter contends that this distinction faces coherence and usefulness problems. Contra Carter, I argue that it is coherent, meaningful, and clarifies significant philosophical disagreements about the right to freedom. I define the formal-substantive freedom distinction by outlining a non-univocal conception of each term, then explain why the distinction so conceived is both philosophically and practically significant. I review (...) Carter’s arguments, extract two potential objections to my account, and offer my replies. (shrink)

En este artículo intervengo en la discusión sobre si es posible encontrar en la filosofía política de Kant una fundamentación de los derechos sociales básicos. Me centraré en primer lugar en dar sentido a la idea de una doctrina metafísica del derecho. En segundo lugar, trataré de mostrar dónde se encuentran los límites de la doctrina metafísica del derecho de Kant a la hora de debatir sobre la forma en que la sociedad debe o debía organizarse (en los tiempos actuales, (...) pero también en la época de Kant). Por último, esbozaré rutas alternativas para usar el enfoque metafísico de Kant con el fin de abordar cuestiones de justicia social, en particular, el tema de la pobreza. (shrink)