Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

Kant on sex gives most philosophers the following associations: a lifelong celibate philosopher; a natural teleological view of sexuality; a strange incorporation of this natural teleological account within his freedom-based moral theory; and a stark ethical condemnation of most sexual activity. Although this paper provides an interpretation of Kant’s view on sexuality, it neither defends nor offers an apology for everything Kant says about sexuality. Rather, it aims to show that a reconsidered Kant-based account can utilize his many worthwhile insights (...) and that making Kant’s account of sexuality more consistent with his own basic philosophical commitments results in a compelling approach to the complex and complicated phenomena of sexual love, sexual identity, and sexual orientation. (shrink)

An existential interpretation of student angst in Chinese universities raises issues of autonomy and freedom. The governance arrangements in China create a conflict for Chinese students who in their coursework are urged to become critical-minded and open-minded. In this essay, Kant’s moral theory provides access to this phenomenon. His theory of duty–rationality–autonomy–freedom relates the liberty of thought to principled action. Kantian ideals still influence western business and university practice and they become relevant in China as that country modernises. The abilities (...) of graduates which officials say the country needs—insightfulness, creativity, innovation, progressiveness and commitment—are only achievable by professionals who are independent minded, rational and who commit to act on their own conclusions. Such people are Kant’s autonomous persons. Chinese students increasingly confront a conflicted educational environment. Universities require students to think, analyse and argue. An outcome of this deliberation is freedom, as construed by Kant as an ‘inner’construct. When students are unable to exercise Kantian freedom in matters which concern them they experience the angst of freedom. Students may carry a burden derived from bridles on information and authoritarian restrictions on dialogue. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

Misconceived Consent: Miguel has stage IV lung cancer. He has nearly exhausted his treatment options when his oncologist, Dr. Llewellyn, tells him about an experimental vaccine trial that may boost his immune response to kill cancer cells. Dr. Llewellyn provides Miguel with a consent form that explains why the study is being conducted, what procedures he will undergo, what the various risks and benefits are, alternative sources of treatment, and so forth. She even sits down with him, carefully talks through (...) the most important points, and gives him time to ask questions. Though it is a Phase 1 study and the chance that he will benefit is very low, Miguel happily agrees to take part. A week later, after the first experimental injection, she asks him if he is worried about the risks. “Risks?” he asks. “I’m sure this is safe—you’re a doctor, after all!”. (shrink)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed (...) earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states. (shrink)

This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of legitimate criminalisation that φing is (...) what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince. (shrink)

Ripstein’s Kantian argument for the authority of the state purports to demonstrate that state authority is a necessary condition of each individual’s freedom. Ripstein regards an individual as free just in case her entitlement to control what is hers is not violated. After questioning whether his approach adequately distinguishes standards of legitimacy from standards of ideal justice, I argue for the superiority of an alternative conception of freedom. On the view that I defend a person is free just in case (...) she is able to move her body in space unimpeded by others. I argue that this conception allows for a more convincing version of the Kantian argument. (shrink)

The British social philosopher Gillian Rose developed, in Dialectic of Nihilism, a way of posing the problem of ideology by showing the dependence of philosophical and social thought on historical legal concepts. She termed it ‘jurisprudential wisdom’ and through it aimed to expose unexamined presuppositions within philosophical consciousness and thereby to perform ideology critique on such consciousness. This article examines Rose’s version of ideology critique, first by setting out its context within post-Kantian thought and Rose’s own intellectual project. It then (...) tackles in detail Rose’s view that Roman law significantly shapes Kant’s form of rationality as a whole. It concludes that her argument is suggestive and highlights important features of Kant’s thought, but that it ultimately fails as an ideology critique. It does not follow that Rose’s form of ideology critique via jurisprudence fails as a whole; on the contrary, it retains plausibility. Rose’s misfire against Kant is a salutary lesson in the dangers of ideology critique and Kant’s survival of Rose’s attack is important for the assessment of his philosophy. (shrink)

To what extent is a prevalent social order that is constructed upon the freedom of the individual impacted by decisions taken in the domain of positive economics? How does the Hobbesian reductionist view of the state of nature correlate to the Kantian view of selfruled individualism expressed through rationality and autonomy? Applying Hobbesian thought in a democratic-economic context explains established and customary behaviour patterns of political economy in a reduced environmental setting. In precisely such setting individuals remain individuals on the (...) basis of their ability to freely enter into contracts and any political means are attached to these individuals governed through an artificially constructed social contract. In the value-based and moral understanding of the social contract in its Kantian interpretation, the individual demands dignity and respect. This consequently justifies the individual as an end, rather than only a mean. How does Hobbesian and Kantian philosophy measure-up to Buchanan’s public choice theory and to what degree does the inclusion of morals in public choice lead to a normative diffusion of the social contract theory? (shrink)

El presente texto ofrece las líneas fundamentales de la interpretación que Julius Ebbinghaus realiza de la filosofía del derecho de Kant. En primer lugar, expone la famosa “tesis de la independencia” presentada en numeroso trabajos por J. Ebbinghaus. En segundo lugar, centra su atención en el diagnóstico que hace J. Ebbinghaus de los casos de “injusticia extrema” y se pone en relación la fórmula de Radbruch con la filosofía del derecho de Kant. Por último, y frente al positivismo jurídico, J. (...) Ebbinghaus sitúa los límites de la dominación política en el derecho de la humanidad. Las consecuencias normativas de dicho derecho se ponen de manifiesto en caso de injusticia extrema, cuyo ejemplo paradigmático lo ofrece la Alemania Nacionalsocialista. A partir la ley de la humanidad, Julius Ebbinghaus ofrece una justificación kantiana del concepto de delitos de lesa humanidad. (shrink)

Kant develops his political philosophy in the context of a teleological conception of both nature and human history. For Kant, political thought must be undertaken in the context of a progressive historical view of humanity’s place in nature. For this reason Kant would strongly agree with John Rawls’s claim that one of the key roles that political philosophy plays in a society’s political culture is that of ‘probing the limits of practicable political possibility. In this role, we view political philosophy (...) as realistically utopian’ (Rawls 2007, pp. 10-11). The fact that political philosophy has this public role helps to explain the close links that exist between politics and teleology in Kant’s work. Teleology is the study of ends and of the purposiveness of both nature and history. One of the key roles of political philosophy is, for Kant, to probe what politics and human societies more generally can, will and should become in the context of the historically developing and purposive natural systems of which humans are part. Politics must be understood in its natural and historical context, but nature (especially human nature) and history must in turn be understood from a progressive political perspective. For Kant, the historical outcome of this purposive natural system, the end of history, is the full development of humanity’s predispositions for the use of reason within a moral and just society. This volume explores these issues. (shrink)