Kant and the Question of the State: Freedom, Permission, and Republicanism

Dissertation, Boston University (2002)
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Abstract

"Republicanism" in Kant's political philosophy describes the type of state and the kind of politics demanded by freedom. Thus understood, republicanism expresses the limits of practical reason in politics. ;Kant sets his political thought against Hobbes' empirical description of political individuals, for whom norms arise through imaginative "picturing" of various conditions. For Kant free practical subjects are motivationally independent of sensed objects and possess ability for self-legislation . Kant further maintains that ideas are "regulative", not constitutive, of human understanding, such that correct use of them requires knowledge of their "principles." ;Because autonomy governs internal determinations, it cannot be the principle of republicanism, which as a matter of "right" concerns actions in their external aspect alone. Actions are subject only to moral possibility, or "permission". Kant's "permissive law" can be understood as law only if moral obligation is distinguished from the specification of duty, a distinction drawn by Achenwall, who influenced Kant. Right built on "permission" connects "first taking" and "intelligible possession". This explains two notions permeating Kant's political writings: obedience to state authority as such, and skepticism regarding any identification of existing arrangements with the idea of a perfectly rightful state. ;Thus conceived, right legitimizes various constitutions. The republican idea and its principle of "representation" are civil elaborations of permission's skeptical aspect. State authority represents the "universal united will", and cannot legitimately be resisted. ;This interpretation faces two challenges. One is unreserved cosmopolitanism, the claim that no right is conclusive without global authority. However, this position misinterprets "permission" as a preliminary violation of right, and therefore not as law. Secondly, the state may be seen as "rightfully" constituted for "fairness". This mistakenly attributes to Kant a Hobbesian view of individuals, and employs ideas not according to their principles , but in a direct, "pictorial" manner . ;Kant's "republicanism" is not an institutional arrangement but a principle of governance. The republican idea is the condition of the possibility of gradual, nonrevolutionary progress. Kant's "permission"---through its lack of specification and its deference to existing authority---is the expression of freedom in external contexts and the foundation of properly critical politics.

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