This chapter contains sections titled: The Moral Duty to Assist Others in Their Health Care Health Care Should Be Provided by the Government The Duty to Provide Truly Universal Health Care Rejecting the Liberal Model.

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with (...) the right to own property and to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with (...) the right to own property and to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. (...) Why? In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

Kantian legalism is now the dominant scholarly interpretation of Kant and an important approach to legal and political philosophy in its own right. One notable feature is its construal of the relationship between law and politics decisively in law’s favour: Law subordinates politics. Political judgment is constrained by and only permissibly exercised through law. This paper opposes this subordination through a close analysis of an ambiguity in Kant’s conception of sovereignty. Understanding this ambiguity requires seeing that, for Kant, law (...) cannot subordinate the sovereign’s political judgment because it is a condition which makes a legal system possible. Kant was not an exacting legalist, but a practical reasoner struggling with the pressures politics imposes on finite beings. Through discussion of a leading contemporary approach, and close engagement with its historical source, the paper raises new considerations about the relevance of political judgment in the relationship of law and politics. (shrink)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice could (...) be given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian (...) for domestic relations and as a civil guarantor for private property and contract relations—and thereby enables the existence of legally enforceable claims. Throughout the aim is to demonstrate that Kant’s relational conception of justice entails that legally enforceable claims regarding sexual deeds are fully justifiable only insofar as they are determined and enforced by a public authority that we may refer to as a liberal democratic welfare state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate (...) presumption has dominated too much of the writing which has followed Rahner's essay. Ols returns to this problem of " latent monophysitism " in some classical christologies in the final chapters of his work (VIII-XI). With a careful examination of the christology of Aquinas, the author skillfully demonstrates the rich development of Christ's true humanity that is possible within the classical approach; he deals specifically with the topics of Christ's knowledge, his sinlessness, and the concept of person. (It is interesting to note that, like Rahner and others before and after, Ols thinks that the word "person" is not particularly felicitous and would prefer simply the word hypostasis or subsistence [p. 187]. His wish is likely to have no more success than previous suggestions in this regard.) Although limited in its intent, this hook is rich in many ways. Ols's knowledge of St. Thomas is deep, and he uses that knowledge well. His critique of Rahner and Schilleheeckx may he forceful in its negative assertions, hut I believe it is accurate in pointing out the philosophical idealism that underlies much of their christological writings. This idealism is too often overlooked and needs the corrective of what we might call "Mediterranean realism." Although his criticism may he incisive, it is never unfair or strident, and he is aware of the positive insights that these men have contributed to our continuing reflections on the Lord. By intent, Ols's work is essentially one of evaluation and criticism. Nevertheless, the chapters that reflect on (and develop) Aquinas's teaching and give a positive presentation of the real human· ity of the Lord lead one to hope that the author will follow this study with a fully elaborated christology. St. Joseph's Seminary, Dunwoodie Yonkers, New York JAMES T. O'CONNOR Kant's System of Rights. By LESLIE A. MULHOLLAND. New York: Columbia University Press, 1990. Pp. xvii + 434. $49.00. Several good hooks on Kant's political philosophy have appeared in the past decade, hut the literature on Kant's political philosophy is still both slimmer and weaker than on any other aspect of his thought. 536 BOOK REVIEWS Though we still await a definitive study of the topic, this book goes a long way toward filling some important gaps. Even the best books on Kant's political philosophy tend to treat only the broad outlines of Kant's position, shying away from detailed exposition of Kant's theories of individual right and external possession and of the political theory based on them. Mulholland's is not only the most detailed but also the most persuasive account of these matters which has yet been presented in English. The book's first four chapters attempt to lay the foundations for Kant's political philosophy through a general discussion of his ethical theory. The main function of these (somewhat overlong) introductory chapters is to argue for a tension between the law of nature formula (which Mulholland prefers as a guide to Kant's theory of right) and the formula of humanity as end in itself. According to Mulholland, the law of nature formula leads to a theory of rights and political obliga· tion which places Kant in the natural law tradition, whereas the formula of humanity commits him to what Mulholland calls the " deed principle ": that acquired rights can come about only through a deed on the part of those having the duties corresponding to the rights through which these duties have been assumed. Mulholland argues that if we take the deed principle strictly, then we must base political obligation on consent and thus on a social contract. The burden of Mulholland's argument throughout the book is that Kant cannot sustain the deed principle, and it is... (shrink)

Kant has made an attempt in his Doctrine of Law to show that the principles of natural Law are a priori principles of pure practical reason. He considers this a necessary step towards establishing the obligating force of positive legislation within a legal system. It is not obvious, however, that Law, which recognizes external coercion as a possible incentive for the compliance with its duties, can be reconciled with pure practical reason, which through the categorical imperative (...) commands that one fulfill duty from the idea of duty and so independently of inclination. Accordingly, it is not clear that there is a systematic and necessary connection between Law and morality for Kant and that he has succeeded in his overall objective of justifying positive Law. ;My dissertation is concerned with the question of how, according to Kant, pure practical reason can allow for juridical legislation, a legislation which admits of an incentive other than the idea of duty for the fulfillment of certain duties. I present criticisms of interpretations according to which Law with its external character cannot be reconciled with morality for Kant. I also discuss some interpretations according to which Law with its duties and legislation is justifiable from the point of view of pure practical reason, either as directly derivable from the categorical imperative or as a means for the realization and protection of the individual's moral freedom. I argue that such accounts do not succeed in explaining the possibility of external coercion for pure practical reason. I do maintain, however, that Law is reconcilable with pure practical reason for Kant, and I offer an explanation of how this is so: an examination of the different classes of duties shows that only juridical duties, or perfect duties to others, are such that reason must recongnize for them a kind of constraint other than free self-constraint and therefore must acknowledge the possibility of juridical legislation for these duties. (shrink)

In Kant’s “Doctrine of Right” there is a philosophical and interpretive puzzle surrounding the translation of a key concept: Gewalt. Should we translate it as “force,” “power,” or “violence”? This raises both general questions in Kant’s legal-political philosophy as well as puzzles regarding Kant’s definitions of “barbarism,” “anarchy,” “despotism,” and “republic” as the four possible political conditions. First, I argue that we have good textual reasons for translating Gewalt as “violence”—a translation which has the advantage that it (...) answers these questions and puzzles convincingly. Translating Gewalt as “violence” has two further, somewhat surprising advantages. It allows us to explain how human beings can be caught in situations with no morally good ways out, and it gives us an ideal Kantian refutation of the death penalty. I then explore Kant’s account of the establishment of public authorities by means of an analogy between the birth and development of a natural person (a human being) and an artificial one (a state). This analogy helps to clarify the difference between the necessary coercive element involved in ideally establishing a state and the likely violence involved in actually establishing one. The third and final section uses the ideas of barbarism, anarchy, despotism, and republic to identify four different types of political forces operating at any given time in actual historical societies. Once we use Kant’s theory to improve our understanding of the various challenges our historical societies present, we also realize the importance and usefulness of philosophical precision when we translate Gewalt as “violence” and correctly define barbarism, anarchy, despotism, and republic. (shrink)

IN THE GROUNDWORK OF THE METAPHYSICS OF MORALS Kant noted that, while the present work would be concerned only with the supreme principle of morality, he intended some day to write a "metaphysics of morals" in which he would set forth the whole system of man's duties derived from this principle. Twelve years later, in 1797, he published The Metaphysics of Morals in two parts: Metaphysical First Principles of the Doctrine of Right and Metaphysical First Principles of the (...) Doctrine of Virtue. As the Groundwork made clear, the concept of duty contains that of constraint upon an agent who, because of impulses belonging to his sensible nature, does not necessarily do whatever is objectively necessary in accordance with moral laws. The first part of The Metaphysics of Morals is the system of moral principles on which are based laws prescribing duties that one can be coerced to fulfill. The second part is the system of duties for which only self-constraint through the thought of duty is possible. Each part is said to be a system of duties because it is derived from a first principle and remains on the level of principles that can be known a priori to be binding on men generally. Together they form the whole system of man's duties because the first principle of each is derived from the supreme principle of morality, the categorical imperative and the division in terms of coercion and self-constraint is exhaustive. (shrink)

Beginning with an analysis of an early satire of Kant 's doctrine of marital law, this essay draws on Walter Benjamin's condensed exposition of this doctrine in order to ask whether Kant 's notoriously unsentimental representation of marriage is, in fact, from the perspective of his own idea of law, overly sentimental. Whereas Kant ridicules the idea of a "law of war" in his program for perpetual peace, he accepts the possibility of legally sanctioned intercourse, in which (...) people use others and themselves. Between marital law and martial law lies maritime law, which concerns a surface that can be used but not mastered. (shrink)

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical incentives, the content of juridical (...) laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality. (shrink)

It is generally acknowledged that Kant's political philosophy stands on a par with the great works of the Western liberal tradition. It is also a matter of agreement that the rational principles on which it rests represent an adequate philosophical expression of the progressive agenda that was inaugurated by the Enlightenment and fulfilled, with varying degrees of success, by the French Revolution. Yet Kant's philosophical position is ambiguous when it comes to evaluating that momentous event in modern (...) history. We know, from anecdotal evidence, some surviving letters, several cryptic references in his published works, as well as a number of posthumously published reflections, that Kant was enthusiastic about and strongly approved of the changes that were taking place in France at the time. He certainly condemned, in strong and unequivocal terms, the execution of Louis XVI. But this did not translate into a repudiation of his support for the revolution. And he seems to have found even in this case mitigating circumstances that explained the revolutionaries' decision to execute the monarch, thus in fact excusing their action. Moreover, he argued that all post-revolutionary governments ought to command the same kind of loyalty from their subjects as the ones they replaced, which appears to justify Kant's contention in the Idea for a Universal History that political violence can be a vehicle of progress. Furthermore, in the Contest of Faculties Kant went so far as to identify in the enthusiastic response of the ‘spectators’ to the French Revolution a clear sign of the moral disposition of humankind. (shrink)

Two kinds of cosmopolitan vision are typically associated with Kant's practical philosophy: on the one hand, the ideal of a universal moral community of rational agents who constitute a 'kingdom of ends' qua shared humanity. On the other hand, the ideal of a distinctly political community of'world citizens' who share membership in some kind of global polity. Kant's Grounded Cosmopolitanism introduces a novel account of Kant's global thinking, one that has hitherto been largely overlooked: a grounded cosmopolitanism (...) concerned with spelling out the normative implications of the fact thata plurality of corporeal agents concurrently inhabit the earth's spherical surface. It is neither concerned with a community of shared humanity in the abstract, nor of shared citizenship, but with a 'disjunctive' community of earth dwellers, that is, embodied agents in direct physical confrontationwith each other. Kant's grounded cosmopolitanism as laid out in the Doctrine of Right frames the question how individuals relate to one another globally by virtue of concurrent existence and derives from this a specific set of constraints on cross-border interactions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Kant's Tribunal of Reason: Legal Metaphor and Normativity in the Critique of Pure Reason. Cambridge: Cambridge University Press, 2020. Pp. 208. Hardback, $105.00. -/- Even those with a passing knowledge of Kant's system will recognize his sustained use of legal metaphor and his appeal to lawfulness as a beacon of philosophical progress. He famously begins one of the most important (and impermeable) sections of (...) the Critique of Pure Reason with the juridical distinction between quid juris (what is the law) and quid facti (what is the fact) (A 84/B 116), insisting—against the empiricists—that the critique of our cognitive faculty must speak to the former and requires a Transcendental Deduction of the categories. In her book, Sofie Møller delves into the historical context and philosophical significance of such legal metaphors to reveal that their roots spread to the deepest foundations of Kant's project. In doing so, she contends that we should understand "philosophical systematicity as legal systematicity" (15). According to Møller, to accept this reading of Kant is to acknowledge that the legal system provides not just one helpful type of metaphor to be appreciated alongside many others, but the only proper symbol of the abstract nature of reason itself (173).For those interested in Kant's engagement with the natural-rights theory that prevailed during his lifetime, or in his familiarity with the concrete legal practices of eighteenth-century European courts, Møller's book proves to be thoroughly researched and informative. As the first English-language book-length study providing a comprehensive account of the legal aspects influencing Kant's system, it should serve as a valuable catchall resource. There are limits to its accessibility, however, as familiarity with basic legal distinctions—e.g. between civil and criminal codes—is assumed, and Latin terms and phrases often go untranslated. At times, this makes for a difficult intersection between the arduousness of Kant's own prose and the equally technical legal terminology that is meant to explain it. However, this barrier is mitigated by Møller's own interpretive work, which cautions that we should not let indeterminate legal terminology fix too much in our reading of Kant's texts, especially when considering the Transcendental Deduction and its reliance on the quid juris/quid facti distinction. As she concludes at the end of chapter 3, the procedure of legal deduction that Kant invokes "could be an investigation, an exposition, a thorough consideration, a review, explanation, description, account, dispute or procedure" (64). Thus, despite Kant's historically demonstrable familiarity with legal-deduction writings, on their own, they "do not present a sufficiently uniform argument structure to settle the question of the structures of the two versions of the transcendental deduction" (64). This observation serves both as a general warning as well as a criticism of Dieter Henrich's approach to Kant's system, which popularized attention to legal metaphor in Kant scholarship in the twentieth century. For Møller, little philosophical insight is won through Henrich's approach, since it "places too much weight on the importance of an origin" (60), taking its cue from a particular type of legal deduction whose assumption is unsupported, and which cannot be accurately projected onto Kant's text. As Møller argues, "The validity of the categories is not only grounded in their origin in pure apperception but in their being the necessary structures in the synthesis which creates objects of experience, which is an act of pure apperception" (60). Møller's suggestion, instead, is to read the Deduction as adopting the twofold structure of "judicial imputation," which does a more faithful job of capturing the structuring activity that Kant accords to the understanding. With the latter reading, emphasis shifts from whether the categories' application to objects of experience is valid because of their a priori origin, to the spontaneous activity of the judging subject as the originator of experience (75). Part of what is unique about this approach is that it does not read the... (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant (...) uses the German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

The aim of this paper is to settle the controversy around Kant’s notorious discussion of maternal infanticide in the ‘Doctrine of Right’ of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of (...) the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like ‘prohibited goods’ or ‘contraband merchandise’, which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria. (shrink)

In the Doctrine of Right, Kant claims that killings motivated by the fear of disgrace should be punished less severely than other murders. I consider how Kant understands the mitigating force of such motives, and argue that Kant takes agents to have a moral right to defend their honour. Unlike other rights, however, this right of honour can only be defended personally, so that individuals remain in a 'state of nature' with regard to any such rights, regardless of their (...) political situation. According to Kant, we should be lenient in these cases because the malefactors are caught between two kinds of authentic normative demand, at a point where the proper authority of the state collides with a certain authority which individuals must claim for themselves. (shrink)

Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of (...) this paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Force and Freedom: Kant’s Legal and Political PhilosophyAlyssa R. BernsteinArthur Ripstein. Force and Freedom: Kant’s Legal and Political Philosophy. Cambridge, MA-London: Harvard University Press, 2009. Pp. xiii + 399. Cloth, $49.95.This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline clarity, (...) the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and philosophers of law, including John Locke, John Stuart Mill, H. L. A. Hart, and Ronald Dworkin, often enriching the discussion by referring to decisions or arguments made by courts in the U.S. or elsewhere. Ripstein shows that it is unjustifiable to exclude Kant from the primary canon of political philosophy, as is typical of current English-language teaching and scholarship.State governments both tell people what to do and force them to do as they are told; they also claim rights to do these things. Yet people claim the right to be free. Can these claims be consistent? Ripstein argues that Kant shows that they can. By working out the implications of the entitlement to be independent, one’s own master, and free from domination by others, Kant develops answers to the basic questions of political philosophy, addressing state legitimacy, the rule of law, political obligation, revolution, punishment, private property, taxation, and redistribution.The book begins with an overview chapter, followed by a chapter on what Kant calls the “innate right of humanity” in one’s own person, which is the right to be independent. Topics of private right are then addressed in three chapters, with topics of public right in five subsequent chapters, building on the previous ones. A central, bridging chapter explains Kant’s account of the transition from private right to public right, thus his account of political authority, which takes the form of arguments about the state of nature, its defects, and the need for the legal and political institutions of a state. The book ends with an appendix in which Ripstein explains the relation between the Universal Principle of Right and the Categorical Imperative.The right to independence is an original right in the sense that it does not require establishment by any affirmative act, Ripstein explains. Persons capable of acquiring rights through their actions must have the capacity to act in ways that have consequences for rights and thus for others’ conduct. Therefore, any system of rights must presuppose some basic moral capacities that do not depend on antecedent acts on the part of the person exercising them, and thus must presuppose the “innate right” to one’s own person. Each person’s entitlement to independence from another’s choice is the basis of all further rights. It sets restrictions on the capacity to acquire new rights and structures the rights [End Page 531] that each person can acquire. It also imposes duties on the state and restricts the means it can use for achieving its purposes. Equal freedom, understood in terms of restrictions on coercion, governs both private right and public right.In a system of equal freedom, each person is free to use his or her own powers, individually or cooperatively, in order to pursue his or her own purposes, and each person decides what ends to pursue with his or her own means. The right to such independence is an aspect of one’s status as a person in relation to other persons; within a system of reciprocal limits on freedom, it is an entitlement that restricts the conduct of others, consistent with everyone being subject to the same restrictions. It can be violated only by others’ conduct. The sole point of a system of equal freedom is... (shrink)

This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, (...) focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem. (shrink)

This paper explores the alleged role of a conception of human nature for Kant’s justification of the duty to leave the state of nature and the related right to coerce others to enter the civil condition in the Doctrine of Right (1797). I criticise the interpretation put forward by Byrd and Hruschka, according to which Kant’s postulate of public right is a preventive measure based on a “presumption of badness” of human beings. Although this reading seems to be (...) supported by § 42 of the Doctrine of Right, I shall argue that the paragraph neither offers a justification of why we have a duty to leave the state of nature, nor explains why individuals are allowed to coerce others to do so. I offer an alternative interpretation of § 42 by focusing on the difference between formal and material violations of right and argue that the rationale behind the postulate of public right is the idea that remaining in the state of nature is a formal violation of the concept of right. It is therefore not prudential reason that authorizes us to coerce others to enter the lawful condition. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

This paper examines whether physician-assisted suicide is morally permissible, and whether it should be legalised in the sense that those seeking or performing such procedure will be immune from prosecution. The issues of moral and legal permissibility1 are closely connected. One way to argue for the permissibility of PAS is grounded in the argument that a patient has the right to refuse life-saving equipment, or to have it withdrawn,2 and then to further argue that there is no relevant distinction (...) between refusal/withdrawal and PAS, if the patient consents. This is essentially the argument raised in “The Philosophers’ Brief ”, filed by six distinguished philosophers. However, this argument has been soundly criticised. Frances Kamm points out that the general claim on which Dworkin et al. rely—that there is no moral difference per se between killing and letting die—is false. This is because a patient has the right to refuse treatment even when this is against his interest because the alternative would be forced treatment, but it is not true to say that a patient has the right to PAS even when it is against his interest. Also at issue is the Doctrine of Double Effect, according to which there is a moral distinction between an action that is intended to cause death and one that is merely foreseen to cause death. [End Page 224] In section I of this paper, I shall argue against DDE, which purports to disallow PAS but not refusal/withdrawal. I shall argue that since it is permissible for a physician to prescribe morphine to a patient suffering excruciating pain, it is also permissible for her to prescribe such a drug to a patient suffering pain, with the intention that he be killed and hence relieved of the suffering. The grounds on which I rely is the thesis that intention is irrelevant to permissibility, as proposed by Judith Thomson and T.M. Scanlon. In section II, I shall discuss David Velleman’s argument that termination of life is morally impermissible. I proceed to examine in section III the theoretical version of the Slippery Slope Argument. In section IV, I shall consider the practical version of the Slippery Slope Argument. In section V, I shall discuss other consequentialist objections to the legalisation of PAS. In the final section, I shall consider the view that even if PAS is morally permissible, it does not follow that it should be legalised. The argument I consider is the consequentialist one that legalising PAS may have a very different significance—when we consider the total consequences—than if there is only a single act of PAS, considered in isolation. While I agree that consequences are generally very important, I shall argue that we should approach the issue from a contractualist rather than a utilitarian perspective.3. (shrink)

This article has two objectives: first, to bring to the fore Kant's neglected distinction between ‘critique’ and ‘doctrine’ and, second, to relate this distinction to Kant's notion of a philosophy of right. Kant's culminating contribution to practical philosophy, the Metaphysics of Morals, contains a doctrine of right and this ‘doctrine’ has received relatively little attention thus far in English-language writing on Kant. One of the reasons for this relative neglect is, I believe, due to (...) the prevalent attention provided to Kant's practical critique at the expense of his practical doctrine. I aim to provide an account of Kant's critique of right in order to enable an understanding of Kant's doctrine of right to be provided with some initial orientation. I will be suggesting that this critique of right is presented in Toward Perpetual Peace: A Philosophical Sketch. (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)

This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own (...) grounds, without any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties. (shrink)

The article investigates the problem of Kant's proposal for a final global legal order. Kant expressed his stance very vaguely in the consecutively published texts On the Common Saying, Toward Perpetual Peace and The Metaphysics of Morals, which enabled numerous, often contradictory interpretations. The aim of the paper is to propose an alternative method of analysis of Kant's texts, which on one side reconciles textual discrepancies in his writings and on the other throws new light (...) on many of the previous interpretations. In order to accomplish this goal, I draw distinctions between four perspectives, from which the philosopher considers this issue in his writings. This allows me to give the final form of Kant's world peace, explain the character of the international state of nature vs the original one, and understand the role of the principles of politics and the status of Kant's teleological understanding of history. (shrink)

The goal of this dissertation is two-fold. It is, first, to reconstruct Kant's argument against self-murder, and, second, to analyze the function of the principle of self-preservation of reason with regard to the prohibition of self-murder. I argue that self-murder is contrary to the principle of self-preservation of reason and violates the trustee-relationship between the homo phaenomenon and the homo noumenon. The analysis shows that moral self-preservation in Kant is a rational principle which serves to secure the possibility (...) of moral faith and self-perfection. ;In the first part of the dissertation, I provide a comprehensive analysis of Kant's argument against self-murder by examining all of the relevant statements in his works, the Nachlass, as well as the lectures recorded by Herder, Powalski, Collins, and Vigilantius. Since self-murder violates a perfect duty to oneself, key-topics of the analysis are: the dual status of the duty of self-preservation as both inner duty of right and duty of virtue, the right and end of humanity, as well as Kant's model of self-possession in terms of proprietas. The analysis makes clear that self-murder destroys the moral self and must be distinguished from sacrificing one's life in order to preserve one's moral integrity. ;In the second part of the dissertation, I interpret the duty of self-preservation and the prohibition of self-murder in the context of Kant's doctrine of the faith of reason and the principle of self-preservation of reason. I first provide an overview of the debate on self-preservation and its implications for an understanding of modern rationality and summarize the different meanings of -preservation in Kant. I then argue that the "principle of self-preservation of reason" consists in what Kant calls "the maxim of healthy reason" and that it grounds the faith and the unity of reason. Against the background of this analysis, I interpret the trustee-relationship between the homo phaenomenon and the homo noumenon as a model of moral self-obligation. Entrusting the homo phaenomenon to the homo noumenon, I contend, means to entrust life to practical reason and to subject oneself to the moral law. (shrink)

Kant's political thinking is predominantly evaluated in contractarian terms, though recent contributions have also emphasized the natural law influence on him. This paper argues that the assimilation of Kant into either tradition is problematic. An analysis of his account of political obligation cannot ignore the distinctiveness of Kant's general philosophical framework. Two recurrent Kantian themes are crucial to a reconstruction of his political argument. The first is the tension between freedom and causality, or nature. The second is the (...) role of reflective judgment in practical reasoning. The paper analyses Kant's property argument, and his related account of political obligation, from the perspective of these Kantian themes. Kant's ‘antinomy of Right’, formulated in the context of his property argument, is interpreted as a conflict between freedom and nature, and in analogy with the third antinomy of the Critique of Pure Reason. Kant's obscure theorem, the lex permissiva, is central to his ‘solution’ to the antinomy. The theorem is best understood as a reflective practical judgment, through which agents are brought to acknowledge that their obligations of justice towards one another are a direct entailment of their respective claims to property. The connection between property rights and political obligations is thus intrinsic, not extrinsic; the acknowledgement of that connection an act of reflective judgment, not contractual. (shrink)

Immanuel Kant's final publication in ethics was The Doctrine of Virtue, Part II of the 1797 The Metaphysics of Morals. This text presents Kant's normative ethical theory. This guide is meant to be read alongside Kant's text, combining accessible explanations and novel interpretations of this difficult text. It is the first book in English devoted to The Doctrine of Virtue, one of Kant's most significant works. -/- Timmons divides the guide into five parts. Part (...) I reviews Kant's life, the history and significance of The Doctrine of Virtue, and situates Kant's ethics within his general metaphysical and epistemological views. Part II is devoted to the General Introduction to The Metaphysics of Morals, which is essential for understanding Kant's ethics. Part III and Part IV turn to The Doctrine of Virtue itself, exploring Kant's defense of a system of duties and corresponding virtues. Part V examines Kant's conception of moral education, the practice of virtue, and the conclusion to the book where Kant explains why the discipline of ethics does not include religion as a doctrine of duties to God. Timmons concludes the book highlighting key aspects of The Doctrine of Virtue, situating Kant's ethical theory in relation to other normative ethical theories. This guide is a vital resource for both students and scholars interested in ethics and the history of philosophy. (shrink)

This thesis offers a novel reading of Kant’s Doctrine of Right. It argues that The Doctrine of Right is plausibly read as a sustained exercise in practical political judgment. In the text, Kant reflexively formulates principles of political judgment – including the formal principle of political judgment – the idea of the general united will. According to this principle, to judge politically is to judge as a citizen. The thesis offers this interpretation in contrast to the mainstream of (...) current scholarship on The Doctrine of Right, which is here termed ‘Kantian legalism’. This thesis argues that The Doctrine of Right is a fundamentally political text in which judgment is a key concept. Part One of this thesis begins by tracing the formulation of the idea of the general united will in the first part of The Doctrine of Right ‘Private Right’. The thesis then turns to ‘Public Right’ to argue that Kant’s account of political judgment based on the idea of the general united will stands in contrast to an ideal-theoretic account, the attribution of which to Kant Kantian legalism makes plausible. Part Two substantiates this account through three separate chapters which aim to show the consequences of this reading for interpreting public right in each of its three divisions: right of state, right of nations and cosmopolitan right. By revisiting Public Right, this thesis argues that The Doctrine of Right embraces the contingency of politics from the finite, human perspective that is characteristic of Kant’s philosophy. (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)

Kant's Critique of Pure Reason, his main work of theoretical philosophy, frequently uses metaphors from law. In this first book-length study in English of Kant's legal metaphors and their role in the first Critique, Sofie Møller shows that they are central to Kant's account of reason. Through an analysis of the legal metaphors in their entirety, she demonstrates that Kant conceives of reason as having a structure mirroring that of a legal system in a (...) natural right framework. Her study shows that Kant's aim is to make cognisers become similar to authorized judges within such a system, by proving the legitimacy of the laws and the conditions under which valid judgments can be pronounced. These elements consolidate her conclusion that reason's systematicity is legal systematicity. (shrink)

The central concept in Kant's _Doctrine of Law_ is the concept of a _person_. This very concept is intimately connected with Kant's theory of transcendental freedom and thus with his Transcendental Idealism. Hence the conceptual framework of the _Doctrine of Law_ and with it the 'Universal Principle of Right' are inseparably connected to Kant's _critical_ moral philosophy and require especially the moral law as their foundation. But nevertheless this does not entail that legal coercion requires the (...) personality of those who are subject to it: A Kantian state would be possible even for a people of devils. (shrink)

Compared to other aspects of Kant’s practical philosophy, Kant’s theory of conscience remains relatively unexplored in the secondary literature on his work. This is no doubt due, at least in part, to the fact that in the Groundwork to a Metaphysics of Morals (henceforth: Groundwork) and the Critique of Practical Reason, Kant's two most widely read works on ethics, conscience plays very little role. However, Kant has extended discussions of conscience in three of his lesser read works: On the (...) Miscarriage of all Philosophical Attempts in Theodicy (henceforth: Miscarriage), the Religion within the Boundaries of mere Reason (henceforth: Religion), and the Metaphysics of Morals. There are also many unpublished notes in which Kant discusses conscience, and it may be conjectured, on the basis of extant copies of students’ notes, that conscience was a frequent topic in Kant’s lectures. As commentators have begun to play closer attention to these lesser read works, the literature on Kant’s theory of conscience has begun to develop. It is thanks to this development that this Element is possible: there is an emerging consensus that Kant’s theory of conscience is important both in its own right and insofar as it can help to correct various misunderstandings that have become part of the standard view of Kant’s ethical thought. This Element is divided into two parts. The first focuses on exegesis of Kant’s ethics. One of the overarching theses of this first part of the Element is that, although many of Kant’s claims about conscience are prima facie inconsistent, a close examination of context generally can dissolve apparent contradictions. The second part of the Element focuses on philosophical issues in Kantian ethics. One of the overarching theses of this part of the Element is that many positions traditionally associated with Kantian ethics, including the denial of moral luck, the nonaccidental rightness condition, and the guise of the objectively good, are at variance with Kant’s ethics. (shrink)

One of the principal aims of Kant’s Metaphysics of Morals, especially of the Doctrine of Virtue, is to present a taxonomy of our duties as human beings. The basic division of duties is between juridical duties and ethical duties, which determines the division of the Metaphysics of Morals into the Doctrine of Right and the Doctrine of Virtue. Juridical duties are duties that may be coercively enforced from outside the agent, as by the civil or criminal (...) laws, or other social pressures. Ethical duties must not be externally enforced (to do so violates the right of the person coerced). Instead, the subject herself, through her own reason and the feelings and motives arising a priori from her rational capacities -- the feelings of respect, conscience, moral feeling and love of other human beings, must constrain herself to follow them (MS 6:399-404).1 Among ethical duties, the fundamental division is between duties to oneself and duties to others. Within each of these two main divisions of ethical duty, there is a further division between duties that are strictly owed, requiring specific actions or omissions, and whose violation incurs moral blame, and duties that are wide or meritorious, the specific actions not strictly owed, but deserving of moral credit or merit. Kant treats these latter as ‘duties’ (eschewing any category such as ‘supererogation’) because the actions in question are conceived as fit objects of self-constraint – things we can make ourselves do through the exercise of reason and the moral feelings arising from the application of practical reason to our faculty of desire. Regarding duties to oneself, this division is between ‘perfect’ and ‘imperfect’ duty; regarding duties to others, the strict or narrow... (shrink)

An influential interpretation of Kant’s Doctrine of Right suggests that the relationship between public right and freedom is constitutive rather than instrumental. The focus has been on domestic right and members’ relations to their own state. This has resulted in a statist bias which has not adequately dealt with the fact that Kant regards public right as a system composed of three levels – domestic, international and cosmopolitan right. This article suggests that the constitutive relationship is between all (...) levels of right, on the one hand, and ‘freedom in the external relation’ of all human beings, on the other hand. (shrink)

This paper analyzes Kant's thesis in the Tugendlehre that there are certain ends that we are obligated to adopt. It contends that none of the three arguments which Kant advances in support of this thesis succeeds and that the attempted reconstruction by Nelson Potter likewise fails. It then maintains that the argument does work, if one brings in, as an implicit premise, transcendental freedom. Finally, it is argued that this late doctrine of obligatory ends marks a significant (...) advance over the treatment of broad duties in the Grundlegung and can serve as a basis for defending Kant's ethics against the familiar emptiness charge. Der Beitrag untersucht die These Kants in der Tugendlehre , daß es bestimmte Zwecke gibt, zu deren Verfolgung wir verpflichtet sind. Dabei stellt sich heraus, daß keines der drei Argumente, die Kant zur Stützung dieser These verwendet, durchgreift und daß der diesbezügliche Rekonstruktionsversuch von Nelson Potter ebenso fehlschlägt. Es wird weiterhin die Ansicht vertreten, daß die Argumentation dann überzeugt, wenn man die transzendentale Freiheit als Prämisse einbezieht. Schließlich wird gezeigt, daß diese späte Lehre Kants von den Zwecken, die zugleich Pflicht sind, einen erheblichen Fortschritt gegenüber der Behandlung der weiten Pflichten in der Grundlegung bedeutet und eine Grundlage dafür bietet, Kants Ethik gegen den üblichen Vorwurf des leeren Formalismus in Schutz zu nehmen. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions (...) for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)

This essay argues that Kant’s conception of regulative ideas of practical reason introduced in the Critique of Pure Reason serves an important twofold function in his political philosophy. First, Kant’s version of the ideal, Platonic republic acts as the a priori paradigm of a rightful state to which existing regimes can and should conform. Second, Kant frames the regulative status of such practical ideas as a resolution of the conflict between the extremes of dogmatism and skepticism. In his principal (...) political writings from the 1790s—i. e., “Theory and Practice,” “Perpetual Peace,” and the Doctrine of Right—Kant draws on his account of practical ideas in the Critique to articulate a counterfactual norm of popular sovereignty that distinguishes his political standpoint from opponents on the left and the right. Radicals repeat the error of the dogmatists by affirming that the norm of collective self-legislation is completely attainable in experience. By contrast, conservatives make the mistake of the skeptics by denying that rational political standards can be applied to reality at all. I show that Kant reconciles these extremes through his model of gradual, non-violent political reform guided by the regulative ideal of a perfectly self-legislating state. (shrink)

Hegel’s Philosophy of Right responds to two dichotomies. One is between the freedom of rational thought in its practical application and the givenness of natural impulses and desires. Against Kant Hegel argues that pure reason alone cannot determine the content of any maxim or principle of action. Thus Hegel must find a way in which the content of natural needs and impulses – the only source of content for maxims of action – can be transfigured into contents of rationally (...) self-given principles and maxims. Hegel also responds to the dichotomy between the individual agent and the social whole within which agents act. Hegel argues that this dichotomy is specious because human beings are fundamentally social practitioners and because neither social practices nor individual agents have priority over the other. There are no social practices without social practitioners and there are no social practitioners without social practices. Hegel’s response to this second dichotomy allows him to respond to the first one as well. The elaboration and specialization of natural needs and desires through exchange relations and the social division of labor transfigures the contents of those needs and desires into collectively self-given ends. The social practices producing this transfiguration and meeting these ends form the contents of implicit principles of right. These implicit principles are collectively self-given because they result from the social practices collectively developed to meet these needs. Only acts that are executed and accepted by an agent are free acts. This strong condition requires that an agent’s intentions correspond to the actual nature and consequences of his or her act. Since the aims, the principles, and the means of action are fundamentally social, these strong constraints entail that free action is possible only within a community which makes known its structure and the role of its members within it and their contribution to it, so that its members can act on the basis of that knowledge. Hegel’s theory of the state is a theory of a communal structure that makes such explicit, free action possible. In briefest compass, Hegel holds that laws are legitimate only insofar as they codify those practices that have been developed in order to achieve human freedom, and laws are obligatory only insofar as they are necessary for achieving human freedom. Hegel’s government is designed to codify and promulgate such laws. Hegel’s legislature is designed to make known to the citizens at large, through their corporate representatives, that laws have such a basis and how individual roles and actions fit within the community as a whole. (shrink)

The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, (...) is the only complete translation of the whole text, and includes extensive annotation on Kant's difficult and sometimes unfamiliar vocabulary. A new introduction by Roger Sullivan sets the work in its historical and philosophical context. This volume will be of wide interest to students of ethics and of legal and political philosophy. (shrink)

Kant uses the term reason’s "interest" to designate human efforts to represent "the absolute totality of conditions for any conditioned thing" and the "unconditioned ground" for such totality. in the "critique of judgment" ("91), he identifies three such representations-the highest good, god, and immortality-as the only ones which can be called "things of faith"; one other-freedom-is accorded the unique status of a "fact" of reason. an analysis of the function of these representations in the answer kant gives to the (...) question "what may i hope?" will provide essential features in justification of the following claim: kant has constructed an account of hope which accords it the status of a fundamental form of human rational activity-on a par with knowing and willing-when directed toward its appropriate objects: the highest good, god, and immortality. (shrink)

Against the charge that Kant's doctrine of radical evil is inconsistent and alien to his practical philosophy, my aim is to show its necessity within the critical system. First, I undermine the alleged vacuity of Kant's notion of evil by showing that, already in the Groundwork, an evil will is the necessary conceptual correlate of a good will. "Good" and "evil" characterize the agent's form of willing and represent the source of value of right and wrong actions. (...) Then, I show how the doctrine of radical evil derives from Kant's notion of evil. That evil lies at the level of an individual Gesinnung is the result of Kant's radicalizing the use of transcendental freedom. That there is a propensity to evil in the whole species is the result of Kant's naturalizing the principles of his moral psychology. Although Kant is not clear about this distinction, the consistency of his doctrine depends on indicating that an "evil Gesinnung" and the "propensity to evil" are not equivalent concepts. Rather, they refer to different units of moral analysis, the individual and the whole species, and represent a failure to comply with different types of moral obligation: the duty to realize the good and the duty to realize the highest good. The correlation between units of moral analysis and types of obligation explains the isomorphism that Kant detects between them, as well as their logical independence, without which the individual's choice of Gesinnung would be analytically contained in the species' choice of moral nature . Finally, to account for the problem of moral self-constitution I argue for the necessity of assuming a transcendental volitional structure, the unity of acknowledgement or "I will". At the different levels of analysis, this structure organizes the will's manifold intentions according to unifying principles that allow it to recognize them as its own. Although Kant does not mention it, the "I will" is a necessary assumption to account for the continuity of choice and for its possible imputation to an agent. (shrink)

This paper offers a novel reading of Immanuel Kant’s mature political philosophy. It argues that Kant’s doctrine of right is best understood as dealing with the question of how to justify practices of social power. It thereby suggests that the main object of Kant’s doctrine of right should be read in terms of individuals’ higher order power of free choice and action (“Willkür”). It then argues that the main normative problem Kant discusses in the doctrine of right (...) is the problem of domination. While Kant must allow persons the exercises of their capacities for free choice and action for reasons of freedom, the structural upshots of such exercises by a multitude of empirically interconnected persons leads to a structure of private right, which is normatively problematic. This paper suggests interpreting this problem as one of structural domination. This reading sheds new light on Kant’s institutional theory of global justice. It enables us to better understand Kant’s theory of global institutionalization, particularly with regard to the question of why national and global institutionalization are so important in Kant’s theory and with regard to the question of what type of law cosmopolitan law is. (shrink)