In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence, maintenance and refinement of liberal democratic constitutional orders. As a constructive matter, I will draw on Immanuel Kant’s (...) constitutional theory to explain why realizing such a form of governance is a public duty and why receding from it is a public wrong. (shrink)

The question of violence and how society can emancipate oneself from it has occupied many philosophers. Walter Benjamin attempted to answer this question in 1920 through the notion of divine violence. This idea has recently been resurrected by philosophers such as Jacques Derrida, Jürgen Habermas, Slavoj Žižek and Judith Butler. Divine violence is turned to as a means of emancipating society from systemic oppression and coercive law. However, it is a notion that has been met by major critiques. Most notable (...) is Jacques Derrida’s critique given in Force of Law: The Mystical Foundations of Authority. This article examines Judith Butler’s turn to divine violence in opposition to the critique of divine violence given by Derrida. Butler attempts to merge divine violence and non-violence to create a means of non-violent revolution capable of emancipating society from oppression and coercive law. However, to make this argument, Butler needs to overcome Derrida’s objection that suggests that divine violence is a dangerous notion with the potential to justify horrendous forms of political violence. Does Butler successfully create a non-violent divine violence capable of achieving this desired emancipation? Or does divine violence continue to be a notion with a dangerously destructive potential as Derrida suggests? These are the questions that this article attempts to answer through a detailed examination of both Butler’s and Derrida’s work on divine violence. Ultimately, it is established that divine violence should be jettisoned into the realm of the divine, rather than harnessed for political ends. (shrink)

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Neste artigo fazem-se algumas considerações sobre a justificação da propriedade privada na filosofia do direito de Kant. A partir da análise do conceito de lei permissiva da razão, defende-se que na filosofia do direito opera uma perspectiva teleológico- reflexionante de caráter prático, a qual permite compreender, por um lado, que a propriedade no estado de natureza seja legítima ao mesmo tempo em que é problemática, enquanto, por outro lado, o estado civil envolve a exigência de que a propriedade seja adequada (...) segundo as condições de um sistema de justiça distributiva. (shrink)