This chapter contains sections titled: References.

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)

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 lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 51-80 [Access article in PDF] Kant's Politics of Enlightenment Ciaran Cronin THE ENDURING RESONANCE OF Kant's brief essay "An Answer to the Question: What is Enlightenment?" (henceforth "WE") can be traced in large part to the connection it makes between two ideas central to the self-understanding of European modernity. The first is the idea of autonomy implicit in (...) its famous definition of enlightenment: "Enlightenment is the human being's emergence from his self-incurred minority.Minority is the inability to make use of one's own understanding without direction from another... Sapere aude! Have courage to make use of your own understanding! is thus the motto of enlightenment." 1 Kant's rallying cry to independence of thought resonates with the view that individual autonomy is a central component of modern self-identity. The second is the defense of freedom in the public use of reason: "For this enlightenment, however, nothing is required but freedom, and indeed the least harmful of anything that could even be called freedom: namely freedom to make public use of one's reason in all matters." 2 With this emphatic endorsement of freedom of expression as a precondition of enlightenment, Kant appears to situate the project of enlightenment squarely in the tradition of liberal political thought. [End Page 51]Yet the interpretation of the essay as a defense of a liberal model of freedom of expression proves to be problematic on a closer reading. Even Kant's famous definition of enlightenment is not without its puzzling aspects. He employs the legal term "minority" (Unmündigkeit, often translated as "immaturity"), the condition of a child or dependent who has not reached the legal age of adulthood, to describe the condition of human beings before they have achieved enlightenment; but as some of his contemporaries remarked, the idea of a minority that is "self-incurred" makes no legal sense. That their puzzlement was not just a matter of injudicious terminology is shown by Kant's apparent indecision over whether the failure of individuals to make independent use of their reason is due to lack of courage on their part 3 or whether it is because they have been prevented from doing so by constraining social authorities. 4 Even more perplexing is Kant's idiosyncratic distinction between the private and public uses of reason: "by the public use of one's own reason I understand that use which someone makes of it as a scholar before the entire public of the world of readers. What I call the private use of reason is that which one may make of it in a certain civil post or office with which he is entrusted." 5 What is perplexing in this is not so much the restriction of the public use of reason to scholars addressing a public of readers as the characterization of the use of one's reason in exercising a civil or public office as "private." Moreover, liberal sensibilities cannot fail to be ruffled by the authoritarian cast of some of Kant's remarks. Most troubling is the observation that only a ruler who "hasa well-disciplined and numerous army ready to guarantee public peace" can tolerate complete freedom of public expression and that a lesser degree of civil freedom (bürgerliche Freiheit) is conducive to the fullest expansion of "a people's freedom of spirit" (or intellectual freedom, Freiheit des Geistes). 6 This would seem to lend ammunition to those who argue that Kant ultimately embraces a conservative politicalposition in contradiction to the radical implications of his own critical philosophy. 7 [End Page 52]But an examination of the historical context of the essay reveals that it is neither a clear expression of a liberal nor of a conservative position as these are conventionally understood, or so I will argue. The perplexing features of the essay become intelligible when it is seen as part of a larger project of reconciling the ideal requirements of a republican constitution with the political reality of Prussian absolutism in response to contemporary debates concerning... (shrink)

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio‐temporal movement and a form of noumenal or ‘intelligible’freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical ‘anthropological’information in constructing a (...) Doctrine of Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio‐temporality, dependence on positive law, intelligibility (or ‘noumenality’), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions. (shrink)

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio-temporal movement and a form of noumenal or 'intelligible' freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical 'anthropological' information in (...) constructing a Doctrine of Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio-temporality, dependence on positive law, intelligibility (or 'noumenality'), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions. (shrink)

In On a Discovery, Kant depicts monads as simple beings that are thought in the idea as the ground of appearances. He argues that his account of monads is partially in line with both Leibniz's monadology and his own critical philosophy. However, in the Critique of Pure Reason, Kant appears to depart from the monadologies of his predecessors. In this article, I make sense of Kant's late subscription to a version of Leibniz's monadology by arguing that Kant considers (...) monads to be the objects represented through cosmological and psychological ideas posited by reason in its search for the unconditioned conditions of appearances. In particular, I point to what I take to be two instances of what Kant calls “objects in the idea” in the Critique of Pure Reason, namely (a) the substratum of matter qua ground of external appearances, and (b) the soul qua ground of internal appearances. Drawing on Kant's reply to Eberhard and the Transcendental Dialectic of the first Critique, I highlight the merely regulative—and yet fundamental—role that monads conceived as objects of reason play in Kant's critical philosophy. (shrink)

The paper examines the current debates regarding the grounding of human rights in a pluralistic, culturally diverse world. It analyses the challenges which come today from certain policies of human rights which instrumentalize them under the pretext of a “global war on terror” and redefi ne them in terms of democracy promotion and regime change, as well as those challenges which come from ideologies which question the core principles of human rights and provoke the so called “crisis of legitimization.” The (...) paper argues for the necessity of restoring the genuine meaning of human rights and of the role of citizens in striving for their implementation. At the heart of the analysis is Kant’s concept of human rights as freedom. With Kant as its backdrop, the paper shows that the claim that religious worldviews provide the only intelligible foundation, as in Nicholas Wolterstorff, faces serious challenges in a pluralistic, culturally diverse world. The paper then analyzes the non-religious philosophical concepts which seek to develop an account of human rights that does not depend upon controversial metaphysical or religious doctrines. It examines an account of human rights from the perspective of discourse ethics as developed by Karl-Otto Apel and Jürgen Habermas. It also analyses the concepts of human dignity and “emerging morality” by Arturo Roig and the “ethics of liberation” by Enrique Dussel. The analysis shows the ongoing relevance of Kant’s ideas and their recent development by the theorists of discourse ethics and of dialogical and democratic cosmopolitanism. (shrink)

The first part of Immanuel Kant's Metaphysics of Morals , Rechtslehre , has usually been discussed as a political treatise. But there are parallels between law and ethics in Kant; lawgiving in either realm is a combination of precept and incentive. In works that present his core moral philosophy of inner freedom, this freedom is an internal ethical freedom based on an underlying purely moral incentive, whose adequacy is a transcendental assumption of this part of Kant's moral philosophy. (...) But this inner freedom is paralleled by Kant's account of external freedom, where our external rights, including rights to property, are secured based on the deterrent effect of punishment under criminal law for violations of the rights of others. When we look at the Rechtslehre thus as part of Kant's practical philosophy we notice: Kant's view is that the validity of a legal precept entails an adequate incentive for acting in accord with the precept. The scope of law, and hence of imputation under law, is limited in various ways by the reach of the external incentives of deterrence, including actions based on a so-called "right of necessity." There are parallels between Kant's arguments for extending the categorical imperative as a principle for the use of our freedom to ends in the Tugendlehre and to objects in the Rechtslehre . Kant's theory of punishment, though retributivist in how it assigns appropriate punishment, is teleological/deterrent in providing incentives for not violating positive laws. Der erste Teil in Kants Werk Die Metaphysik der Sitten , die Rechtslehre , wird üblicherweise als eine politische Abhandlung diskutiert. Aber es gibt Parallelen zwischen Recht und Ethik bei Kant. Gesetzgebung ist in beiden Bereichen eine Kombination von Gesetz und Triebfeder. In den Arbeiten, die das eigentliche Herzstück von Kants Tugendlehre behandeln, ist die Freiheit eine innere ethische Freiheit, die auf einer rein moralischen Triebfeder basiert, deren Angemessenheit und Zulänglichkeit eine transzendentale Annahme dieses Teils von Kants Moralphilosophie ist. Die innere Freiheit hat jedoch eine Parallele in Kants Darstellung der äußeren Freiheit. Hier geht es um die Sicherung unserer äußeren Rechte, einschließlich des Rechts auf Eigentum, durch den Abschreckungseffekt einer Strafe für die Verletzung der Rechte Anderer. Wenn wir die Rechtslehre gerade als Teil von Kants praktischer Philosophie verstehen, dann stellen wir fest: Kant geht davon aus, daß gültige juridische Normen stets ausreichende Triebfedern dafür enthalten, daß unser Handeln diesen Normen entspricht. Der Bereich des Rechts, und damit auch der Zurechnung unter Rechtsgesetzen, wird auf unterschiedliche Weise von der Wirksamkeit äußerer Triebfedern zur Abschreckung begrenzt. Das gilt auch für Handlungen, die auf dem sogenannten "Notrecht" beruhen. Zwischen Kants Argumenten in der Tugendlehre für die Erweiterung des kategorischen Imperativs als eines Prinzips für den Gebrauch unserer Freiheit durch die Annahme, daß es Zwecke gibt, die zugleich Pflicht sind, und dem Argument in der Rechtslehre für die Notwendigkeit der Anerkennung von Eigentumsrechten bestehen signifikante Parallelen. Kants Theorie der Strafe ist, obwohl vergeltungstheoretisch mit Blick auf die Frage der Angemessenheit einer Strafe, jedenfalls auch teleologisch/abschreckungstheoretisch konzipiert, nämlich insoweit, als die Androhung von Strafen Triebfedern für die Befolgung der positiven Rechtsgesetze bereitstellt. (shrink)

In the last years of its history, the Ukrainian ethnic group faced numerous external and internal challenges, which, to a large extent, were the result of its previous genesis and profound transformations in public consciousness. At the same time, one of the central stereotypes of the domestic political and legal mentality is the idea of truth and justice as a basic social ideal and the basis of the legal order. Analysis of research and publications. The problem of mentality and (...) the formation of behavioral stereotypes has been of interest to domestic and foreign scientists for a long time. The concept of «mentality» is most widespread in the writings of the French historical school «Annals». The scientific work of M. Blok, F. Braudel, M. Vovel, J. Le Hoff, J. Lefebvre, L. Fevre, R. Mandr and other scientists reveals the content of mentality and its structures, as well as the peculiarities of their influence on everyday life and activities of individuals who lived in different historical eras. The purpose and objectives of the article. In this article, the authors aim to analyze the idea of truth-justice as a tool for transforming the legal mentality of the Ukrainian ethnic group and to show its influence on the content of its behavioral stereotypes. Research methodology. The methodology of this research has a complex nature and is based on a socio-philosophical and philosophical-legal analysis of the behavioral guidelines of Ukrainians in the field of legal understanding. The results. The social ideology, developed on the basis of ancient social ideas and stereotypes of the national legal mentality, should become a tool for correcting such destructive phenomena in the state-building discourse as legal nihilism, anarchism, civic passivity, corruption, nepotism, etc. At the same time, the concepts of truth-justice, will-freedom and fraternity-equality are key in Ukrainian legal culture. Discussion. The interpretation of this idea in scientific opinion is not unambiguous. This idea clearly manifests itself in the context of the opposition between Truth and Evil in the national culture. Truth is inseparable from human existence and daily activities. The idea of truth is closely related to the idea of justice, which, according to many researchers, is a later, more rational and clearly defined phenomenon derived from truth. Justice as a socio-philosophical phenomenon is intended to act as a kind of moral measure of relations between individuals in society. It is considered as an authoritative criterion for establishing the correspondence between the nature of human activity and its assessment by the social community. Conclusions. Destructive behavioral stereotypes of the Ukrainian ethnic group that were formed, among other things, under the influence of factors of stressogenesis can be corrected with the help of the legal ideology of state building, which should be based on the content of the idea of truth and justice. The developed ideology should be based on the most stable constructive guidelines of the national legal mentality, organically complementing and ideologically justifying them. (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)

An exploration of Immanuel Kant's account of war and the controversies that have arisen from its interpretation. This book brings the ideas of Kant's critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable?

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard (...) criticism that a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states. (shrink)

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. -/- All (...) of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 301-312 [Access article in PDF] Kant on Property: The Problem of Permissive Law Brian Tierney In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance (...) for understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literature. 1 Since then others have taken up the theme, but it remains relatively neglected in the vast modern literature on Kant. In the work of Brandt and in some other recent explorations of this question a primary concern has been to relate Kant's doctrine to other aspects of his critical theory. Brandt himself, for instance, compared the "provisional" and "peremptory" rights mentioned in the Doctrine of Right with the "problematic" and "assertoric" judgments of the Critique of Pure Reason. The problem that I want to consider is rather different. In the following study I want to consider primarily the internal structure of the Doctrine of Right and specifically to ask whether Kant's appeal to permissive natural law served a constructive purpose in the theory of property that he presented in that work or whether it was perhaps subversive of the argument that he developed. 2 This will require [End Page 301] some discussion of the other usages of the idea of permissive law that we find scattered in Kant's later writings. In pursuing such an inquiry we encounter various difficulties and apparent anomalies in Kant's teaching. I want finally to suggest that we might understand those difficulties better if we were to situate Kant's work in a broader historical context than those that have previously been considered, bearing in mind that the concept of permissive natural law had been discussed by jurists and political philosophers for several centuries before Kant took up the argument. Kant on Property When approaching Kant's Doctrine of Right it may be salutary to recall a remark of Mary Gregor, the translator of the work and a sympathetic reader of it. "Kant has never been accused of underestimating his readers," Gregor wrote, "but he seldom treats them so harshly." 3 The difficulty of the work is compounded by the fact that the text as we have it is apparently in a mutilated condition, with some passages transposed from their original contexts. Any reading of such a text will be open to dispute; but it seems necessary to attempt at least an outline of Kant's doctrine and to mention some of its complexities if we are to understand the function of permissive natural law in the argument presented.Kant's purpose was to formulate a doctrine of property based on reason alone, a doctrine in which "abstraction is made from all spatial and temporal conditions." 4 The principles he deduced were intended to apply to anyone "merely because and insofar as he is free and has practical reason." 5 The whole subsequent argument revolved around these concepts of practical reason and human freedom. Kant began by presenting some basic propositions and definitions. Obligation, he wrote, was "the necessity of a free action under a categorical imperative of reason." And an action was permitted or licit when it was not contrary to obligation. This freedom of action was called a moral faculty (facultas moralis). 6 According to Kant, the only innate right inhering in all persons was a right to freedom (defined as "independence from being coerced by another's [End Page 302] choice") insofar as this freedom could coexist with the freedom of all others. 7 A corresponding universal law of Right established the rule: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone in accordance with a universal law." 8External laws imposed by another evidently did hinder one's freedom. Kant therefore held that a person was... (shrink)

This article explores a set of questions about the ‘idea of freedom’ that Kant introduces in the fourth paragraph of Groundwork III. I develop a reading that supports treating it as a normative notion and brings out its normative content in some detail. I argue that we should understand the idea as follows: that it is a general feature of reasoning and judgement that it understands itself to be a correct or sound application of the normative standards of (...) the relevant domain of cognition, not influenced by irrelevant or external factors. Reasoning and judgement are thus normatively committed to these standards of correctness. A second and related concern is to explore connections between the idea of freedom and Kant’s conception of autonomy and to identify different points at which autonomy plays a role in the argument of Groundwork III. In the final section, I mine the idea of freedom for a set of normative commitments specific to rational agency that play a foundational role in Kant’s moral conception. (shrink)

This essay explores Immanuel Kant’s notion of artistic genius and how it relates to the modern conception of the interrelated ideas of nature and freedom as they appear in his Critique of Judgement. Genius works as a unique concept in Kant’s oeuvre, showing how art provides a harmony within what, in Reformational philosophy, they call the “ground-motive” “nature-freedom.” The concept of originality as it relates to genius has the potential for an alternative reading to what was held subsequent to Kant (...) and what is still held today, one that puts the emphasis on a certain relationality. Hannah Arendt’s conception of freedom and Jacques Derrida’s reading of Kant are also relevant. This essay’s reading of Kant’s genius, defined by its multifaceted network of relational forces, shows a way out of the bind of the binary nature and freedom. By explicating Kant’s notion of artistic genius, one is able to better understand art and its function: probing the complex relationship that humans have with themselves and the rest of creation. (shrink)

Kant’s Refutation targets what he calls the problematic idealist. This is understood by the mainstream of Kantian scholarship as the global skeptic that Descartes briefly adumbrated in his first Meditation. The widespread view in the literature is that the fate of the Refutation is tied to its success as an argument against this Cartesian global skepticism. This consensus is what I want to question in this paper. I argue that Kant’s opponent – the problematic idealist – is not the Cartesian (...) global skeptic but rather what I prefer to call here the Cartesian problematic external-world idealist. According to Cartesian global skepticism, we cannot know whether our commonsensical beliefs are true until we rule out that the skeptical hypotheses are false. In contrast, the Cartesian external-world idealist sees as problematic the assumption that the underlying nature of outer things of which we have ideas is mind-independent rather than caused by our own thinking. My aim here is to disentangle Cartesian global skepticism from Cartesian problematic external-word idealism and show that, if measured against global skepticism, Kant’s Refutation is doomed to fail, while against problematic idealism, it is at least a promising argument. (shrink)

Legal scholars and philosophers have long been engaged in what has been called 'the pursuit of the holy grail of property' - the secret of the internal structure of property in law. Attempts to capture the idea of property have encountered two fundamental problems. First, it has been notoriously difficult to advance beyond the observation that property involves 'ownership' of 'things', with the incidents of ownership and the list of things owned an essentially descriptive task. Second, it is difficult (...) to explain the wildly inconsistent power that property rights - even when identified - seem to enjoy.In this book, Professor Underkuffler advances our understanding of what property is, as an idea, and the power that claimed property rights should have against competing public interests. There is, she argues, a deeper analytical structure of the idea of property that we can uncover, and - as a result of that discovery - deeper reasons that we can find for property's variable power. It is not a random or unprincipled event that property generally protects in cases involving land titles or patent claims, and fails to protect in cases involving environmental regulation or redistributive taxation. She argues that these results are driven - indeed, predetermined - by the nature of property, as an idea, and the conflicts of that idea with competing public interests. The implications of this book are far-reaching. It explains and justifies - on new grounds - why some property claims are traditionally powerful in law, and others not. It suggests how property rights in controversial or emerging areas should be treated, such as those involving the body as property, personal information as property, cultural property, and state redistributive claims. Finally, it establishes why the protection of property is, in fact, necessarily different from freedom of speech, freedom of religion, due process of law, and other rights - necessitating its different treatment, and lesser protection, as a constitutional right. (shrink)

Kant’s Refutation targets what he calls the problematic idealist. This is understood by the mainstream of Kantian scholarship as the global skeptic that Descartes briefly adumbrated in his first Meditation. The widespread view in the literature is that the fate of the Refutation is tied to its success as an argument against this Cartesian global skepticism. This consensus is what I want to question in this paper. I argue that Kant’s opponent – the problematic idealist – is not the Cartesian (...) global skeptic, but rather what I prefer to call here the Cartesian problematic external-world idealist. According to Cartesian global skepticism we cannot know whether our commonsensical beliefs are true until we rule out the skeptical hypotheses are false. In contrast, the Cartesian external-world idealist sees as problematic the assumption that the underlying nature of outer things of which we have ideas is mind-independent rather than caused by our own thinking being. My aim here is to disentangle Cartesian global skepticism from Cartesian problematic external-word idealism and show that, if measured against global skepticism, Kant’s Refutation is doomed to fail; while against problematic idealism, it is at least a promising argument. (shrink)

1. The Problem of Transcendental Theology Kant's transcendental philosophy begins with an attempt to solve the theoretical problem of the possibility of synthetic a priori judgments. In solving this epistemological problem Kant demonstrates how transcendental knowledge (i.e., knowledge of the synthetic a priori conditions for the possibility of experience) is possible only when its application is confined to the realm of empirical knowledge (i.e., to experience). He argues that space, time, and the twelve categories form the transcendental boundary line (...) between what we can and cannot know. But this 'solution' itself calls attention to an even more significant problem: what is the status of that which lies outside the boundary of possible empirical knowledge? Kant reveals as early as CPR xxix xxxi1 that this metaphysical problem of how to verify the fundamental human ideas of 'God, freedom, and immortality', upon which he believes all religion and morality depend, constitutes the deepest and most urgent form of the 'transcendental problem'. It should therefore come as no surprise when he devotes the entire Transcendental Dialectic, the largest section of the first Critique, to the task of solving this ubiquitous perplexity of human reason. According to Kant our ideas of God, freedom, and immortality inevitably arise in the human mind as a result of our attempts to unify and systematize our empirical knowledge. In other words, reason naturally seeks for something beyond the limits of empirical knowledge which can supply unity and coherence to the diversity of facts which fall within that boundary. The problem is that the transcendental conditions which enable us to gain knowledge in the empirical world are unable to perform their function with respect to such ideas, because the ideas abstract from all sensible content, whereas the transcendental conditions (space, time and the categories) all require such content. As is well known, Kant devoted considerable effort in the Transcendental Dialectic to the task of pointing out the implications of this transcendental problem for rational psychology (with its proofs of the immortality of the soul), rational cosmology (with its proofs of transcendental freedom), and rational theology (with its proofs of the existence of God).. (shrink)

This essay deals with Kant’s Doctrine of Right, but in a rather unusual way by being at the same time a review of a book on that doctrine. It was, indeed, that book which brought me, by trying to review it, to reformulate my own view on the issue To sum up the main mistakes of the author of that book: he takes the Doctrine of Right as a direct application of the doctrine of freedom, as developed in the Analytic (...) of the Critique of Practical Reason, to external acting of humans. That leads him on a crooked path to the thesis that provisional right is not „real“ right in the state of nature, but a conceptual assumption, which can be only thought of. With his idea that real right can only exist in a civil state, the author ends up in a position of legal positivism. The essay tries to expose the decisive steps which made the author go astray so that he eventually failed to grasp Kant’s Metaphysics of Morals altogether. Accordingly, apart from the mentioned mistakes, some connected problem areas, which are completely muddled up in the book, will be subjected to a closer investigation: freedom of the will versus freedom of action; free will versus general will; freedom in the doctrine of right versus freedom in ethics; validity of right versus effectiveness of right. Towards the end, some pages are dedicated to a critical statement on the author’s thesis that Kant’s Doctrine of Right is absolutely unsuited as basis for any claim to distributive justice. (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)

_ Source: _Page Count 25 I explore the role of practical necessity in Kant’s essay _Idea for a Universal History with a Cosmopolitan Aim_. This form of necessity arises on the basis of social and interstate antagonism and Kant appeals to it with the aim of avoiding the introduction of a standpoint that is external to the agents whose attitudes and actions are being described. In connection with the role that Kant accords to practical necessity in the establishment of the (...) legal and political conditions required to fulfil the ‘plan of nature’ in the course of history, I argue that in this essay he fails to identify a mechanism that would explain a fundamental moral change in that which motivates human beings once these conditions have been established. This in turn invites questions concerning the kind of universal history that Kant proposes. In particular, I argue that the choice of historical material that it demands could, in certain circumstances, be regarded as counterpurposive in relation to the aim of nature of which Kant speaks in the same essay. (shrink)

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the (...) possession of a certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of su... (shrink)

ABSTRACTDid Kant believe we need a world government? It has been a matter of controversy in Kant scholarship whether Kant endorsed the creation of a world state or merely a voluntary federation of states with no coercive power. I argue that Kant's main concern was with a global juridical condition, which he regarded as a rational requirement given the equal freedom and equality of individuals. However, he recognized that implementing this rational ideal requires sensitivity to contingent aspects of world (...) politics. I will argue that Kant offers an ideal theory not disentangled from realist considerations and that he adopts what I will call methodological realism: the attempt to realize the requirements of Right in a world governed by its own laws and mechanisms. I will illustrate this interpretation with Kant's discussion of the right of nations. The confusion in regard to Kant's actual position on the matter, I will argue, is a direct consequence of Kant's methodological realism. The... (shrink)

The hypothetical approach to the supersensible developed by Kant in his three Critiques, exemplified by his analysis of the aesthetic and reflective judgment in his third Critique, with their principle fortuitous purposiveness, can be considered as the basis for a new foundation of metaphysics. According to Kant’s limitation of cognition to the realm of sense intuition, theoretical knowledge of God, the subject, things-in-themselves, transcendental ideas is impossible. This leads to a kind of “negative theology” of the highest principle and the (...) supersensible as a whole. The reasons are rooted in the character of propositional thought, which can only circumscribe a singular, supersensible reality by means of predicative sentences and discursive thought. Taking Kant’s lead, but in contrast to his terminology, I call really existent singularities, including the thinking, knowing, desiring, feeling unique individuals we know as human beings, spontaneities, in order to distinguish them from descriptive characteristics attributed to them by predicative thought. Kant’s “practico-dogmatic” account of the postulates of God and immortality of the soul, based on the “fact of freedom” and its connection to the moral imperative, ensure the possibility of the “highest good” as final aim of moral behaviour — but cannot satisfy our need for knowledge of the supersensible. To “lay the groundwork” for experience of our own self-conscious reality, the reality of others like ourselves, of things which transcend the boundaries of sense intuition, and of true reciprocity, a different method is needed, one which leads us “beyond being and thought” to the unconditional beginning of conditional reality. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

In this excellent book Arthur Ripstein develops a broadly Kantian interpretation of tort law and criminal law that is noteworthy for its spirited defense of core features of Anglo-American law and for its uncompromising dismissal of the so-called law and economics approach to these matters. A final chapter extends the analysis to the topic of distributive justice.

Why is there so much attention on Kant's global politics in present day law and philosophy? This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant's global politics, and highlights the potential fruitfulness of Kant's cosmopolitan thought for contemporary political thinking. It adopts a double methodological strategy by reconstructing a genealogical conceptual journey showing the development of international law, as well as introducing an interpretation of cosmopolitanism centered (...) on Kant's theory of a metaphysics of freedom. The result is a novel focus on Kant's notion of the world republic. Rather than considering such political entity as something empirically realizable, this book argues that the world republic stands as a way of thinking about international politics and that the possibility of progression towards peace would result from a regulative use of the idea of a world republic. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...) and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

This work makes the revisionist claim that "the theory of mind in the Critique [of Pure Reason] is much more traditional and rationalistic than it at first appears, but that it is also more defensible than is generally recognized". Specifically, Ameriks aims to show that "Kant can be seen as wanting, above all else, to put... into a respectable form" the "core of the rationalist commitment" "to the idea that we have a special kind of identity that can withstand (...) all the kinds of change that ordinarily spell the end of ordinary objects". But, first, Ameriks's account of the "core of the rationalist commitment" is maddeningly vague and unstable--indeed, Ameriks's conception of rationalism is so ill-defined that at one point skepticism about the external world is treated as a part of rationalism rather than as the very much undesired consequence of certain Cartesian premises which Kant thought it to be!--and the discussion is damagingly ahistorical. Ameriks does emphasize the developmental dimension within Kant's own work, ranging over the whole of Kant's published corpus and mining the various lecture courses on metaphysics which have now been gathered together as volume 28 of the Berlin edition of Kants gesammelte Schriften. But his picture of rationalism itself and its characteristic arguments is undifferentiated and undocumented, and this leads to the misconception that Kant thought that some theoretical defense of rationalist theses could still be maintained while what are merely some possible arguments in their behalf were criticized; but some review of Leibniz, Wolff, Baumgarten and Meier would surely have shown that Kant was criticizing all of the chief arguments for the rationalist conception of the soul known to him, and attention to Kant's own claim for the completeness of his presentation of these natural and inevitable illusions of human reason could have suggested only that Kant himself thought that these were all the theoretical arguments for a rationalist philosophy of mind there could be. Second, it is questionable whether Ameriks's view really revises our standard reading of Kant's conclusions at all. The gist of Ameriks's argument is that in spite of Kant's specific criticism of the paralogistic arguments of pure psychology, Kant retained a favorable attitude toward the theoretical and not just practical postulation of such properties as immateriality and transcendental freedom at the noumenal level--but this turns out to mean little more than that Kant accepted his own transcendental idealism. This is hardly revolutionary, and the interest of the point is far from strengthened by Ameriks's own conclusion that transcendental idealism cannot be fully proved. (shrink)

In this philosophically sophisticated and historically significant work, John H. Zammito reconstructs Kant's composition of The Critique of Judgment and reveals that it underwent three major transformations before publication. He shows that Kant not only made his "cognitive" turn, expanding the project from a "Critique of Taste" to a Critique of Judgment but he also made an "ethical" turn. This "ethical" turn was provoked by controversies in German philosophical and religious culture, in particular the writings of Johann Herder and (...) the Sturm und Drang movement in art and science, as well as the related pantheism controversy. Such topicality made the Third Critique pivotal in creating a "Kantian" movement in the 1790s, leading directly to German Idealism and Romanticism. The austerity and grandeur of Kant's philosophical writings sometimes make it hard to recognize them as the products of a historical individual situated in the particular constellation of his time and society. Here Kant emerges as a concrete historical figure struggling to preserve the achievements of cosmopolitan Aufkl-rung against challenges in natural science, religion, and politics in the late 1780s. More specifically Zammito suggests that Kant's Third Critique was animated throughout by a fierce personal rivalry with Herder and by a strong commitment to traditional Christian ideas of God and human moral freedom. "A work of extraordinary erudition. Zammito's study is both comprehensive and novel, connecting Kant's work with the aesthetic and religious controversies of the late eighteenth century. He seems to have read everything. I know of no comparable historical study of Kant's Third Critique."-Arnulf Zweig, translator and editor of Kant's ;IPhilosophical Correspondence, 1759-1799;X "An intricate, subtle, and exciting explanation of how Kant's thinking developed and adjusted to new challenges over the decade from the first edition of the Critique of Pure Reason to the appearance of the Critique of Judgment. "--John W. Burbidge, Review of Metaphysics "There has been for a long time a serious gap in English commentary on Kant's Critique of Judgment Zammito's book finally fills it. All students and scholars of Kant will want to consult it."--Frederick Beiser, Times Literary Supplement. (shrink)

Kant’s dissertation for the Master’s degree Succinct Exposition of Some Meditations on Fire was written in Latin in 1755 as a sample (specimen) preceding a Master’s exam, but its first printing did not appear until 1838. What is the relevance of this Master’s dissertation for historical and philosophical studies? To answer this question I analyse the structure and give a brief summary of the dissertation, look at the history of its writing and try to identify the place of this work (...) among Kant’s other papers on natural philosophy. I then demonstrate that Kant’s concept of ether as an elastic matter of fire, heat and light containing the forces of attraction and repulsion originates in the dissertation On Fire. I identify the provisions in Kant’s early works which he later develops in the Master’s dissertation and establish continuity between the text of On Fire and the so-called Physical Monadology, draw parallels between the ideas enunciated by Kant in his first dissertation and the interpretation of ether in the printed works that followed. Finally, I put forward the hypothesis of the heuristic potential of the On Fire treatise for the analysis of Kant’s manuscript legacy. Perhaps this dissertation will enable researchers to clear up some tangled propositions in Kant’s Opus Postumum. However, a series of further studies is needed to verify the hypothesis. (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)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In my original confrontation with Kant’s first Critique, although essentially sympathetic with its import, I found myself deploring his use of certain expressions such as “things in themselves,” “noumena,” “intuitive understanding,” “supersensible,” etc. It seemed to me that he could have made his basically positivistic point without calling up vestiges of absolute realities or eternal verities. When I turned to his second critical enterprise, it sometimes seemed as if he were letting God, freedom, and immortality step in the philosophical (...) back door, warranted by the rather vague argument of the transcendental deduction of the moral law which supposedly provided “practical reality” for the transcendental ideas of pure reason. My puzzlement was compounded by his need for a practical “typik” and the notion that practical reason somehow required the realization of unconditional moral ideals in the conditioned sensible world. Perhaps somewhat like Kant himself, I felt that something was missing. There was a kind of gap or void which needed filling in by something which would not only dispel any reservations about some of the language of the first two Critiques, but would also interrelate the two independent realms of nature and freedom in some intelligible way such that any suspicions of a philosophically irreducible dualism could be erased, while still recognizing theory and practice as autonomous functions of the single faculty of intelligence. But what kind of “unity” could we expect? Although the two analyses were logically compatible, each seemed to stand on its own and there was no mutual implication between them. It was as if each went wrong not in respect to its own foundation but in respect to what it said about the other. Kant presents a defensible theory of knowledge which says some very strange things about logically possible, nonempirical entities; and then this is followed by a systematic ethical theory which occasionally makes odd assertions about empirical nature. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

The antithesis of nature and freedom is the central idea of Kant's philosophy. It is the direct expression of its postulated division of all existing things into the world of phenomena, which in their sum-total constitute nature, and its original foundation—the world of things in themselves, which lie beyond the categorial determinations of nature. Necessity and causal relations, like space and time, apply only to the world of phenomena; the world of things in themselves is free of these (...) determinations and, therefore, constitutes the realm of freedom—freedom from the intractable laws of nature. Thus, Kant, on the one hand, proves the unconditional subsumption of phenomena under the laws of nature, under the strictest determinism, and, on the other, insists just as decisively that freedom is the first, pretemporal link in the cause-and-effect chain of events. True, the existence of this original freedom is unprovable; it is unknowable, supersensible, and transcendent. But if we agree that there are not only phenomena but also things in themselves, then the conclusion about freedom is fully justified. If, on the other hand, we reject the existence of things in themselves, then we deny at the same time any possibility of freedom, for there are no exceptions in natural determinism. (shrink)

The topic of this dissertation is the concept of nature and how Kant and Hegel each conceive of it. Both agree that ‘nature’ cannot be an empirical concept but is rather presupposed in all experience and object-related thinking. Yet, Kant holds that we can only conceive of nature as a unified whole when we conceive of it as a mechanical system. Whereas, according to Hegel, the unity of all the different kinds of natural phenomena can only be accounted for by (...) means of his dialectical method. A crucial and novel point in my reading of Kant is that the concept of nature as a mechanical system is merely a regulative ideal, i.e., an imaginary end-point of science that we only approach asymptotically. It is this point that allows me to resolve long-standing puzzles in the scholarship regarding organisms and free will. For, this point allows for a coherent reading of Kant, a reading that involves that 1) we do in fact have experience of organisms and that 2) Kant’s distinctive kind of determinism is compatible with an open future. My reading of Kant furthermore provides a uniquely suited entry-point into Hegel’s dialectical account of nature, according to which not only human beings and organisms, but even solar systems do not fit the mould of a flat-footed mechanical determinism. This allows me to show that Hegel is—in several respects—both an inheritor and radicalizer of Kant. (shrink)

Could each and every one of us, instead of interacting with actual objects, really be brains in a vat? In the first chapter of his new book, Reason, Truth and History, Professor Putnam raises this and related questions with the aim of undermining what he calls the “metaphysical realist” or “externalist” conception of reality. Putnam describes metaphysical realism as a view which holds that the world consists in “some fixed totality of mind-independent objects”; truth on this view amounts to a (...) correspondence between words or thoughts and these objects. Putnam contrasts metaphysical realism with a doctrine which he names “internalism” and calls on Kant to explicate its basic ideas. Putnam claims that Kant was the first philosopher to see clearly the difficulties inherent in metaphysical realism. The doctrine of transcendental idealism, says Putnam, represents Kant’s attempt to avoid externalism. But is Kant’s doctrine really just an early version of Putnam’s internalism? In this paper I shall argue that it is not. Although Kant obviously rejects the position Putnam calls “externalism,” I shall try to show that Kant’s metaphysical theory is distinct from internalism. Kant couples transcendental idealism with a second doctrine of empirical realism, and this enables Kant to circumvent both the internalist’s coherence theory of truth as well as a simple-minded correspondence theory. To be sure, one of Kant’s major concerns is to argue against the possibility of knowing things-in-themselves; Kant thus maintains, as Putnam correctly points out, that the nature of perceivers must figure in the nature of what is perceived. But this is not to say, as Putnam implies, that there is no mind-independent reality in Kant’s theory. On the contrary, Kant’s Refutation of Idealism—an argument that strikingly resembles the first horn of Putnam’s brain-in-a-vat dilemma—is designed to establish the existence of “matter,” which is Kant’s general term for what we might call the “external” or the “mind-independent.” Kant does argue that the perception of matter must accord with space and time, the two forms of sensibility, and this is the source of his transcendental idealism. But if we take this to mean that there cannot be anything independent of our minds or of our conceptual schemes, then we miss the point of Kant’s double doctrine of transcendental idealism and empirical realism, which is intended to avoid a coherence-only theory of truth while yet affirming that objects are knowable only as appearances. Putnam, by running together a number of Kantian notions, misrepresents Kant’s position and thus fails to see that Kant does offer an alternative to both metaphysical realism and internalism. I shall begin my defense of the claim that Kant does provide a third alternative by exploring more fully the debate between Putnam and the externalist concerning the BV dilemma. I shall then explore the Refutation of Idealism to support my claim that Putnam’s internalism is distinct from transcendental idealism. We shall see in section IV that in interpreting Kant on transcendental idealism Putnam makes two crucial mistakes which lead him to equate internalism with transcendental idealism. The result of these mistakes is discussed in section V. (shrink)

The idea with which Rabindranath Tagore established Visva-Bharati is different from that of the grounding of Immanuel Kant's "university with condition" or that of Jacques Derrida's "university without condition." The thinking that finally materialized into Visva-Bharati, or rather the "fore-thinking," is an uncanny complex of aesthetics, politics, topolitics, pedagogy, and Tagorean philosophy of the "home" and the "world." There is neither the "conflict" of Kant's essay _The Conflict of the Faculties_ nor Derrida's absolute radicality and radical absoluteness: (...) there is neither Kant's "freedom of the Enlightenment" nor Derrida's "freedom from the Enlightenment." Ranjan Ghosh captures this so-called dichotomy engrossingly in his book _Aesthetics, Politics, Pedagogy and Tagore_. In Tagore's idea of university, we find a "traffic," an exchange of some sort, between nativism and cosmopolitanism, colonial and postcolonial, singularity and plurality, root and rootlessness. Ghosh not only controls the "traffic" in his work but also gives his close reading of the institution and, most importantly, the underlying principle that led to the establishment of the institution. Visva-Bharati was not built upon the principles of a modern university. It did not have the moral responsibility of following the already established norms and regulations or the society at large but had what Ghosh calls a sense of "no-responsibility." Tagore's idea of university was thus built upon the "no-responsibility" toward the old Eurocentric model of pedagogy and the "responsibility" toward creating a new and more reflective model. He employed one set of responsibilities to "counter" another set of responsibilities. This article in a way is a reimagining, a commentary on Ghosh's work on the pedagogical aspects of Visva-Bharati. (shrink)

Ever since Aristotle, ontology has been assumed to have a single meaning. Classic ontology branched into three directions established by Kant--the three chief manifestations of reality: cosmology, psychology, and theology--and in its quality of pure ontology became the study exclusively of being. On the other hand, the three dialectical branches have been losing their validity and are being replaced by regional ontologies which take explicit account of their several objects. Four territories today present themselves for intensive speculative cultivation; quantity, matter, (...) life, and spirit. Theology has returned to its classic position at the side of pure ontology. The ideas of object and of concept are radically opposite, but nevertheless are closely related in the context of knowledge; an object is the source of a concept. A concept is formed by one or several objective instances, but does not include all of them; there are more or less determinate objects, some of which have undergone conceptual modification while others remain quite obscure, all of which indicates that the world of reality is not so evident or firm as it appears to common sense. The ideas of being and of objects bring us again to the consideration of the metaphysical theme of the individual. Neither being nor object is the concrete individual; the problem of the individual remains involved in the whole problem of substance as it was discussed in classic metaphysics, because it was completely grounded in this metaphysics and is best discussed and appreciated as the problem of the incommunicable and subsistent. Regional ontology, in fixing its attention entirely on the object, thereby limits itself and makes clear its methodological orientation. Regional ontology by no means is to be considered as a theory of science; any theory, concrete or general is subject to a synthetic process in which facts and proofs immediately given incorporate the theory into the patrimony and positive achievements of intelligence. A theory is a scientific synthesis, and although its fundamental role is logical, its origin implies experimental functions. Regional ontology can be considered as a theory of objects, but its validation does not come from science itself; rather, it is the validation of scientific facts. Ontology might be called a theory a priori, but in that case the terms "theory" and "a priori" would be contradictory since the former requires experience and the latter renounces all experimental data. Ontology operates by means of general essences which objects of the same denomination have in common; thus we speak of the realm of quantity, the realm of matter, the realm of life, and the realm of spirit. The mathematical as well as the natural, biological, and spiritual sciences clearly have different objective planes which correspond to different ontological categories, which are foreign to the experiencing subject because it knows them only concretely as phenomena. The metaphysical basis of mathematics is quantity, a real accident of matter. Quantity examined according to the ontology of mathematics arises from matter, finding its origin in matter as the quality related to form. The ontology of the physicochemical sciences is concerned with the contents of quantity, with the internal object by which quantity is numbered and given its nature. Matter presents a problem to philosophy no less important than the problem it presents to the sciences whose data are mere approximations to matter. Natural sciences which seem very intelligible resolve themselves into a morass of questions when one tries to reduce them to science strictly so-called. In present-day philosophy we say that the nature and structure of objects and beings, both inorganic and organic, are in practice external to human action, taking "human" in the sense of spiritual being. The instability of living being, in contrast to the internal equilibrium of inanimate being, makes it appear less intelligible. On the plane of ontology of life, man is the central problem, even though he is one of the most definite and individualized of beings. Man's life culminates in freedom, which makes man a responsible being, in this respect resembling God. Though less unknown than mathematical, material, and biological objects, mental objects are more difficult and involve subtle and risky problems. The first great phenomenon offered to the philosophy which penetrates the field of the ontology of the social sciences is the identity between the object and the subject, since the subject, who as far as possible refers systematically to the pure object, continually treads the boundary of reality and arrives at himself; that is, the inquiring subject becomes simultaneously the object investigated--a kind of cognitive identity possible in reflection. The second problem of this field of philosophy is the consideration of "I" as absolutely empty of objectivity. For contemporary philosophy, spirit is the world of values, and it is not so important to determine the pure reality of spirit as to understand its life, its activity, and its specific manifestation which is the world of culture. The social sciences deal with man as a spiritual being, and with the facts of culture. The values produced by culture constitute a hierarchy which goes from the most humble to the most elevated, from plain economic interest to an intense desire for God. Culture is produced by the objectification of values; spirit becomes fixed in certain entities which are cultural objects: a theory, a machine, a concert. Man acts as the creator of a culture, but the culture in turn spiritually actuates and nourishes him. The sciences of spirit go from signs to their meaning, from the expression to the living. The point of departure in historical knowledge is our own vital experience, the very life which flows within us. Only life understands life. Here we find the reason why culture indicates the maximum expression of life; in culture, man contemplates himself, and in himself he contemplates all the beings of creation. (shrink)

The question of whether an artificial moral agent (AMA) is possible implies discussion of a whole range of problems raised by Kant within the framework of practical philosophy that have not exhausted their heuris­tic potential to this day. First, I show the significance of the correlation between moral law and freedom. Since a rational being believes that his/her will is independent of external influences, the will turns out to be governed by the moral law and is autonomous. Morality and freedom (...) are correlated through independence from the external. Accordingly, if the actions of artificial intelligence (AI) are determined by something or someone external to it (by a human), then it does not act morally and freely, but heteronomously. As a consequence of AI’s lack of autonomy, and thus lack of access to the moral law, it does not and cannot have a moral understanding that proceeds from the moral law. Another consequence is that it has no sense of duty, which would follow from the moral law. Thus, moral action becomes impossible for the AMA because it lacks autonomy and moral law, moral understanding and sense of duty. It is concluded that, first, AMA not only cannot be moral, but should not be that, since the inclusion of any moral principle would imply the necessity for the individual to choose it, making the choice of the principle itself immoral. Second, although AI has no will as such, which prima facie makes not only moral but also legal action impossible, it can still act legally in the sense of conforming to legal law, since AI carries a quasi-human will. Thus, it is necessary that the creation of AI should be based not on moral principles, but on legal law that prioritises human freedom and rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is (...) free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, philosophy (...) of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...) and the foundations of modern political organization. This volume offers a complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

Kant's "supreme principle of morality," which he calls the "categorical imperative," is often applied by him to specific cases to reach conclusions about particular moral duties, e.g., to abstain from suicide, to not make lying promises, to render assistance to others. There are a number of such applications in the first part of his Metaphysik der Sitten , entitled the Rechtslehre, that have had less attention paid to them. In the Rechtslehre Kant is concerned with state-created laws enforced by (...) punishment, that will serve to guarantee the rights of citizens. This makes the application process somewhat different from the more familiar examples from Kant's earlier Grundlegung zur Metaphysik der Sitten, which are concerned with the agent's inner decision process and the self-constraint of moral motivation. The present essay examines in some detail Kant's argument to show that there should be no such thing as an hereditary aristocracy, and compares it with the argument against making a lying promise in the Grundlegung. There are significant similarities and differences, and there are also significant connections to the ideas of John Rawls in A Theory of Justice . More briefly discussed are Kant's arguments in the Rechtslehre concerning punishment and the right of property. The whole discussion is intended as an introduction to the issues concerning the application of the categorical imperative in contexts where the result is external state-enforced laws, rather than an internal morally motivated moral decision. The issue in the former is said to be what persons abstractly considered could give their consent to in advance, where Kant makes a key distinction between a priori considerations having to do with agent liberty which lead to a moral decision concerning citizen rights, and empirical considerations having to do with happiness, which do not lead to conclusions concerning citizen rights. (shrink)