Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.

Obwohl Kants Tugendlehre bei ihrer Veröffentlichung weithin unbeachtet bleibt, entfaltet sie in den letzten Jahren eine zunehmende Wirkung: ein revolutionär neuer Tugend-Begriff, der mit Nachdruck vertretene Gedanke von Pflichten gegen andere und auch gegen sich selbst, eine Auseinandersetzung mit "Liebespflichten" sowie mit Achtung und Würde. Der von Fachleuten verfasste Kommentar, der anlässlich des 300. Jubiläums Immanuel Kants in einer 2. überarbeiteten erscheint, entschlüsselt damit das letzte wichtige Werk Kants zur Moral. Mit Beiträgen von Monika Betzler, Jochen Bojanowski, Dahan Fan, Franz (...) Hespe Moritz Hildt, Otfried Höffe, Dieter Hüning, Heiner F. Klemme, Karoline Reinhardt, Elke E. Schmidt, Dieter Schönecker, Oliver Sensen, Amelie Stuart. (shrink)

Kant justifica el postulado de la inmortalidad del alma en la Crítica de la razón práctica en tanto que muestra que sin la creencia en la inmortalidad del alma la ley moral perdería su validez. Puesto que si estamos determinados por la ley moral, tenemos la intención moral de promover el bien supremo, la creencia en la posibilidad del bien supremo es una implicación de esta intención, si no aceptamos la posibilidad de un progreso infinito no podemos aceptar la posibilidad (...) del bien supremo y la aceptación de un progreso infinito presupone la aceptación de la inmortalidad del alma. (shrink)

Managers of multinational companies often favour an aggressive tax avoidance strategy that pushes the legal limits onto the advantage of shareholders and the disadvantage of the spirit of democratically legitimized tax laws. The public and media debate whether such aggressive behaviour is immoral. Aggressive tax avoidance is a subset of the aggressive legal interpretations potentially observable in all fields which places little weight on the will of a democratically legitimized legislation. A thorough ethical analysis based on the deontological approach of (...) Kant demonstrates that aggressive tax avoidance as a special case of operating on the edge of legal boundaries is potentially immoral. Applying the Kantian “contradiction of conception or will” test shows that this maxim might not be conceived or willed as a general law of nature. If all natural or legal persons aggressively interpret laws on all subjects and in every imaginable situation, then central principles of the system of law we all rely upon would be severely compromised. Therefore, aggressive tax avoidance by managers of multinational companies may violate the managers’ moral duty to obey not only the letter but also the intention or spirit of the law. The validity of the argumentation depends critically on the formulation and interpretation of the respective maxims and on assumptions about the legal system. Preserving central elements of Kantian philosophy, the article demonstrates the complexity of a philosophical argumentation which tries to justify the moral intuitions that underpin the common negative evaluation of aggressive legal strategies in business. (shrink)

Most scholars dealing with neo-Kantianism emphasize the existence of an explicit origin that characterizes neo-Kantianism as a clearly defined ‘movement’ with certain objects. In spite of the fact that differences between various neo-Kantian authors are mentioned in the current discourse (e. g. ‘Südwestdeutsche’ and ‘Marburger Schule’) scholars claim a singular unity of all neo-Kantian debates represented in the problem of ‘Geltung’. This is used to construct a certain relevance of neo-Kantianism in today’s philosophy. My contribution will pursue a historical approach (...) following Klaus Christian Köhnke’s and Ulrich Sieg’s demands. Instead of sketching systematic topics I pay further attention to the context in which an essence of neo-Kantianism was claimed or rejected. In doing so I will examine the discussions on the doctrine of postulates in Kant’s philosophy mainly led by Hans Vaihinger’s ‘Philosophy of As If’ and the impact of Eduard von Hartmann on the genesis of neo-Kantianism. I conclude that the definition of a consistent neo-Kantian ‘movement’ was an effect of rejecting spiritualist interpretations of the doctrine of postulates and in the following a rejection of the whole doctrine as ‘mysticism’ in canonical Kant interpretations. (shrink)

Kant’s 1795 essay on perpetual peace has been lauded as one of his most important and influential political texts as well as one of the most important texts on peace. Kant’s text was largely forgotten until the 1980s and 1990s, with numerous commentaries appearing around the time of its 200 years existence. The French philosopher Jacques Derrida’s interest in Kant’s text appears to have arisen around the same time, and his analyses of this text continued after the turn of the (...) century. The references to Kant’s essay in Derrida’s texts appear mostly in the context of a discussion of the concept of hospitality. The latter concept is understood by Derrida as including both a demand for absolute hospitality, that is, hospitality without the imposition of any limitations, as well as a demand, in the interests of survival, for such limitations or conditions. A negotiation between these dimensions of hospitality is ultimately required. The aim of this article is to elucidate Derrida’s analysis of Kant’s essay, specifically his recasting of the concept of peace as absolute hospitality, as well as to briefly outline its implications for international and cosmopolitan law. (shrink)

Immanuel Kant (1724–1804) argued that moral requirements are based on a standard of rationality he dubbed the “Categorical Imperative” (CI). Immorality thus involves a violation of the CI and is thereby irrational. Other philosophers, such as Locke and Hobbes, had also argued that moral requirements are based on standards of rationality. However, these standards were either desirebased instrumental principles of rationality or based on sui generis rational intuitions. Kant agreed with many of his predecessors that an analysis of practical reason (...) will reveal only the requirement that rational agents must conform to instrumental principles. Yet he argued that conformity to the CI (a non-instrumental principle) and hence to moral requirements themselves, can nevertheless be shown to be essential to rational agency. This argument was based on his striking doctrine that a rational will must be regarded as autonomous, or free in the sense of being the author of the law that binds it. The fundamental principle of morality — the CI — is none other than the law of an autonomous will. Thus, at the heart of Kant's moral philosophy is a conception of reason whose reach in practical affairs goes well beyond that of a Humean ‘slave’ to the passions. Moreover, it is the presence of this self-governing reason in each person that Kant thought offered decisive grounds for viewing each as possessed of equal worth and deserving of equal respect. (shrink)

It is puzzling to notice that in his 1784 essay on Enlightenment, Kant addresses every human being with his watchword « Have the courage to use your own understanding! », while at the same time he seems to restrict the access to the public discussion of matters of common interest to the learned persons. This begs the question: Is the participation in the public debate part and parcel of Kant’s conception of Aufklärung? A positive answer to this question is given (...) by Katerina Deligiorgi in her Kant and the Culture of Enlightenment. A critical assessment of this book will lead us however to consider that Kant has a differentiated approach to enlightenment depending on whether someone is educated or uneducated. Following Rousseau, Kant has come to recognize as a matter of fact this inequality toward the products of culture. Now the two-level conception of enlightenment entailed by this inequality becomes explicit in the 1790s, especially in the very last work Kant has published: The Conflict of the Faculties. (shrink)