Kant: Political Philosophy

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the other hand—e.g., when (...) a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

This is a Lithuanian translation, by Giedrius Sadauskas, of my paper, ‘The Philosopher as a “Secret Agent” for Peace: Taking Seriously Kant’s Revival of the “Old Question” ’, in Valerio Rohden, Ricardo R. Terra and Guido A. de Almeida (eds.), Recht und Frieden in der Philosophie Kants, vol. 4 of Akten des X. Internationalen Kant-Kongresses (Berlin: Walter de Gruyter, 2008), pp.601-612. An offprint of the English version is available in the "Kant 4 - Moral and political philosophy articles" section of (...) this website. An online version of the text (in Lithuanian) is available at the link shown below. (shrink)

The ideal of the United Nations was first put forward by Immanuel Kant in his 1795 essay Perpetual Peace. Kant, in the tradition of Locke and Rousseau is a liberal who believes that relations between individuals can either be based upon law and consent or upon force and violence. One way that such the ideal of world peace could be achieved would be through the creation of a single world state, of which every human being was a citizen. Such an (...) ideal was advocated by a number of eighteenth century liberals. Kant, however, rejects this ideal and instead argues that the universal rule of law can be achieved through the establishment a federation of independent states. I examine the relevance of Kant’s arguments today, focusing on two questions: Firstly, as advocates of the rule of law, why advocate a federation of independent nations rather than a single world state. Secondly, is this ideal realizable? Is Kant right to think that republics are natural and are likely to live peacefully with one another? Kant’s arguments on this issue have been taken up again in recent decades by defenders of the theory of the “democratic peace”, the theory that democracies are more likely to live at peace with one another. (shrink)

Kant wird oft als einer derjenigen großen Philosophen angesehen, dessen Werk wesentlich zum jetzigen Verständnis der Menschenrechte und Menschenwürde beigetragen hat. Kant scheint, wenn man in seine Schriften schaut, jedoch keine Theorie der Menschenrechte im modernen Sinne gehabt zu haben. Bei näherem Hinsehen zeigt sich folgender Grund: Kant unterscheidet zwischen dem bloß privaten Recht, das dem positiven Recht untergeordnet ist, und dem öffentlichen Recht, das die begrifflichen Bedingungen einer jeden legitimen, legalen Ordnung darstellt. Der Inhalt des öffentlichen Rechts wird bei (...) ihm weder direkt aus einer freistehenden Moraltheorie abgeleitet, noch aus vertraglichen Übereinkünften oder dem positiven Recht. Stattdessen soll es aus den Ermöglichungsbedingungen einer rechtmäßigen Verfassung expliziert werden, unter der allein Ansprüchen auf (ein) „Recht“ irgendeine verbindliche Autorität zukommt. Wenn man diesen Ansatz ernst nimmt, kann man kaum eine Lesart bei Kant finden, die sich mit der modernen Auffassung von Menschenrechten vereinbaren lässt. Warum aber denken dann manche, dass Kant etwas zum modernen Verständnis der Menschenrechte beizutragen hätte? So lauten denn die Leitfragen der Erörterung: Welche Auffassungen in Kants Werk kommen einem zeitgenössischen Verständnis von Menschenrechten am nächsten? Warum jedoch können diese menschrechtlich vielleicht ähnlich klingenden Auffassungen Kants den heutigen Befürwortern der Menschenrechte doch keine Quelle oder Stütze bieten? (shrink)

This report presents the features of the organisation and the main ideas of the international scientific conference “‘No Right of Sedition’. Kant and the Problem of Revolution in the 18th—21st Century Philosophy.” The conference was held at the Immanuel Kant Baltic Federal University (IKBFU) in Kaliningrad on November 9—10, 2017 and was dedicated to the 100th anniversary of the Russian Revolution. The event was organised by the Academia Kantiana — a research unit on comparative studies on Russian and Western philosophy (...) at the IKBFU’s Institute for the Humanities. The reports presented at the conference focused on the analysis of the phenomenon of revolution from Kant to the present day as well as the conceptions of revolution that appeared around the time of the Russian Revolution in 1917. The report summarises all the presentations and discussions that took place at the confe­rence in accordance with the thematic clusters. The conference confirmed that Kant’s ideas on the state and the revolution are still relevant today. (shrink)

This interview explores the extent to which Kant’s philosophy, which postulates certain moral principles categorically, has influenced the contemporary theory of justice. Many academics believe such principles to be relative and emphasise that justice lies beyond the remit of science. Otfried Höffe is convinced that categorical legal principles remain a valid subject for an academic discussion. In his works, he often appeals to Kantian philosophy. In the interview, Prof. Dr. О. Höffe refers to such famous German Neo-Kantian philosophers of law (...) as R. Stammler and G. Radbruch. He also mentions J. Rawls and J. Habermas — self-confessed adherents of the Kantian tradition in moral philosophy. Prof. Dr. Höffe expounds his views on the problems discussed by these authors. He dismisses G. W. F. Hegel’s criticism of Kant and denies the dependence of the fundamental principles of justice on the Zeitgeist and the opinions of the masses. The interviewee calls freedom the supreme human value, advocates the idea of a democratic constitutional state (he considers the principles of a social state as a mission of the state rather than a subjective right of citizens), and argues that dictatorship and tyranny deserve resistance. Prof. Dr. Höffe gives detailed definitions of the notions of transcendental exchange, categorical legal principles, enlightened liberal democracy, and a world republic. This interview will supplement the body of Prof. Dr. Höffe’s works that have already been translated into Russian. (shrink)

This paper offers an account of human dignity based on a discussion of Kant's moral and political philosophy and then shows its relevance for articulating and developing in a fresh way some normative dimensions of Marx’s critique of capitalism as involving exploitation, domination, and alienation, and the view of socialism as involving a combination of freedom and solidarity. What is advanced here is not Kant’s own conception of dignity, but an account that partly builds on that conception and partly criticizes (...) it. The same is the case with the account of socialism in relation to Marx’s work. As articulated, Kantian dignity and Marxian socialism turn out to be quite appealing and mutually supportive. (shrink)

Moral Clarity is one of those rare works which is trans-disciplinary. This review contextualises Neiman as a philosopher and theologian who performs her cultural work in domains as diverse as memory studies and discourses on the problem of empathy. The review critiques reductionist positions which see Neiman merely as an acolyte of Hannah Arendt.

Kant's conception of women is complex. Although he struggles to bring his considered view of women into focus, a sympathetic reading shows it not to be anti-feminist and to contain important arguments regarding human nature. Kant believes the traditional male-female distinction is unlikely to disappear, but he never proposes the traditional gender ideal as the moral ideal; he rejects the idea that such considerations of philosophical anthropology can set the framework for morality. This is also why his moral works clarifies (...) that all citizens, including women have the right, and should be encouraged to strive towards an active condition. (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these discussions, (...) as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

In dieser Arbeit werde ich versuchen zu zeigen, dass die Frage nach der Natur der Erde, die eine der ersten Fragen des frühen Kants ist, sowohl in der Kritik der Urteilskraft, als auch in dem schriftlichen Nachlass , wieder zum Zentrum seines philosophischen Denkens kommt. Der späte Kant verbindet diese Frage streng mit dem Prinzip subjektiver Zweckmäßigkeit und kritisiert im Opus postumum, insbesondere im Anschluss an den Übergang von den metaphysischen Anfangsgründen der Naturwissenschaft zur Physik, die übliche Erdauffassung als den (...) Besitz der menschlichen Gattung und findet, aufgrund des Zweckmäßigkeitsprinzips, welches für die teleologische Urteilskraft maßgebend ist, dass es notwendig ist, das menschliche Verhältnis zur Erde wesentlich mit Rücksicht auf die körperlich-geographischen Grenzen unserer Erkenntnis zu überprüfen. In der Kantischen Philosophie finde ich die Idee einer zweckmäßigen Geoethik, die sich mit dem Problem der menschlichen Sesshaftigkeit auf der Erde und mit ihrer räumlich-moralischen Orientierung in der Welt beschäftigt. Die Welt der Vernunftwesen wird sich daher ihrer geo-ethisch-rechtlichen Grenzen bewusst. Daher legt Kants Auffassung der Zweckmäßigkeit die Grundlage für die Formulierung einer Ekopolitik, die nach dem Zusammenwirken zwischen dem Menschen und seiner Umwelt fragt. (shrink)

Kant is widely regarded as a fierce critic of colonialism. In Toward Perpetual Peace and the Metaphysics of Morals, for example, he forcefully condemns European conduct in the colonies as a flagrant violation of the principles of right. His earlier views on colonialism have not yet received much detailed scrutiny, however. In this essay I argue that Kant actually endorsed and justified European colonialism until the early 1790s. I show that Kant’s initial endorsement and his subsequent criticism of colonialism are (...) closely related to his changing views on race, because his endorsement of a racial hierarchy plays a crucial role in his justification of European colonialism. He gave up both in the mid 1790s while he was developing his legal and political philosophy, and he adopted a more egalitarian version of the cosmopolitan relationship among peoples. (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that they are not remedial. (...) Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...) is both a member of that realm and an equal co-sovereign of its categorically binding laws (GMS, 4:433-34, Reath 2006, p. 5). As such, each citizen is 'subject to the moral law' only insofar as she is 'at the same time lawgiving with respect to it and only for that reason subordinated to it' (GMS, 4:440). But when Kant comes to think about sovereignty in the political sphere, a number of tensions emerge. These tensions emerge because a doctrine of absolutist popular sovereignty, according to which the people are the ultimate holders of sovereignty, seems to be implied by Kant’s underlying normative theory. However, Kant also makes numerous explicit statements which seem to imply a doctrine of absolutist ruler sovereignty, according to which the ruler is the ultimate holder of sovereignty. And this seems inconsistent. However, despite the appearance of inconsistency I shall argue, by exploring the issues of civil disobedience and cosmopolitan peace, that Kant consistently defends an account of absolutist popular sovereignty which is compatible with his core normative commitments. Exploring these issues will also illuminate Kant’s political teleology by showing us the political ends towards which we should work and the means by which we should pursue them. (shrink)

While Immanuel Kant is an epochal figure in a variety of fields, he has not figured prominently in the study of rhetoric and communication. This book represents the most detailed examination available into Kant's uneasy but often misunderstood relationship with rhetoric. By explicating Kant's complex understanding of rhetoric, this book advances the thesis that communicative practices play an important role in Kant's account of how we become better humans and how we create morally cultivating communities.

There has been a persistent misunderstanding of the nature of cosmopolitanism in Immanuel Kant’s 1795 essay “Perpetual Peace,” viewing it as a qualitative break from the bellicose natural law tradition preceding it. This misunderstanding is in part due to Kant’s explicitly critical comments about colonialism as well as his attempt to rhetorically distance his cosmopolitanism from traditional natural law theory. In this paper, I argue that the necessary foundation for Kant’s cosmopolitan subjectivity and right was forged in the experience of (...) European colonialism and the (pre-Kantian) theory it engendered. It is in this context that we witness the universalization of subjectivity and the subjectivization of right, emerging from the justificatory needs of extra-national jurisdiction and resource appropriation. This form of cosmopolitanism, whose emergence necessarily tracks the rise of global capitalism, continues to exert great and often uncritical influence on theories and practices of peace today. (shrink)

This article provides an historical account of Kant's political, legal, and religious thought in the context of the Prussian Enlightenment.

This paper aims to understand Kant’s conception of Enlightenment and, in particular the idea of “Sapere Aude” (dare to think for yourself), described in his article published in 1784 An Answer to the Question: What is Enlightenment ? where he defines pre-enlightened people as living in a self-imposed “minority”. In the first part of the article, I will develop this notion, along with a process of domestication of human beings. In the second part, I will examine the solutions proposed to (...) overcome this situation, with particular emphasis on the development by the State, of the so-called “public use of reason”. (shrink)

Against several recent interpretations, I argue in this chapter that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but also a (...) representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. Moreover, (...) though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

An apathetic life is not the sort of life that most of us would want for ourselves or believe that we have a duty to strive for. And yet Kant argues that we have a duty of apathy, a duty to strive to be without affects (Affecten) and passions (Leidenschaften). But is Kant’s claim that there is a duty of apathy really as problematic as it sounds? In arguing that it is not, this paper investigates in detail in Kant’s accounts (...) of affects and passions and defends Kant’s argument that we have a duty of apathy. This investigation reveals Kant’s nuanced view on the role that sensible motivating states play in moral agency and the development of a virtuous character. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

There are at least five ‘core’ notions of community found in Kant's works: 1. The scientific notion of interaction. This concept is introduced in the Third Analogy and developed in the Metaphysical Foundations of Natural Science. 2. A metaphysical idea. The idea of a world of individuals (monads) in interaction. This idea was developed in Kant’s precritical period and can be found in his metaphysics lectures. 3. A moral ideal. The idea of a realm of ends. 4. A political ideal. (...) The idea of a juridical community (or community of communities) governed by juridical laws. 5. A theological ideal. What Kant calls ‘the kingdom of heaven’, and which can be thought of as a community of holy beings, or angels. In this paper I focus on the relationship between the first, second and fourth of these notions. My argument is that Kant’s notion of a juridical community governed by juridical laws is modelled on the metaphysical idea of the world. This metaphysical idea of a world is, in turn, modelled on the category of community introduced in the first Critique and developed in his logic lectures. (shrink)

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

Review of 'The Idea of Evil' by Peter Dews.

Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation (...) and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

Kant argues that morals should not only constrain politics, but that morals and politics properly understood cannot conflict. Such an uncompromising stance on the relation of morals to politics has been branded unrealistic and even politically irresponsible. While justice can afford to be blind, politics must keep its eyes wide open. In response to this charge I argue that Kant’s position on the relation of morals to politics is both morally uncompromising and yet politically flexible, both principled and practical. Kantian (...) justice is not blind to circumstances, and we need not abandon our convictions in order to be politically responsible. Indeed, Kant argues that future political progress can only be achieved when the coerced rule of right is coupled with the non-coerced rule of virtue. For Kant, freedom and justice are intertwined with publicity, and publicity depends upon the critical acumen and moral candour of an enlightened and virtuous citizenry. (shrink)

This essay interprets the much-neglected Second Part of The Conflict of the Faculties, entitled “An old question raised again: Is the human race constantly progressing?”, by showing the close relationship between the themes it deals with and those Kant addresses in the Supplements and Appendices of Perpetual Peace. In both works, Kant portrays the philosopher as having the duty to promote a “secret article”, without which his vision of a lasting international peace through the agency of a federation of states (...) is bound to fail. Both works identify this article as involving the necessity of publicity as a transcendental condition for peace, and call for philosophers to engage politicians and lawyers in a creative attitude towards lawmaking. Kant’s visionary program has failed to reach its goal up to now, not because it is too idealistic, but because philosophers have failed to take up the challenge. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...) its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

It might, at first sight, seem objectionable to compare Kant and Rorty in terms of their respective irony, for two reasons. First, usually, irony is not considered to be a striking stylistic feature in Kant, whereas it is a key concept in Rorty´s political philosophy. Second, Rorty's liberal ironist is the prototype of the edified individual in post-modern civil society who has overcome metaphysics of both realms: nature and morals. It just is proposed as a remedy against all forms of (...) political foundationalism. However, in his minor political works of the 90s, Kant´s style is marked by his use of irony. Irony performs several functions: it is a polemic device, a means of persuasion, and a safeguard against those who might otherwise take his critical appreciation of political custom too personal. Moreover, Kant's political foundationalism is intertwined with his philosophy of history. Arguably, Kant treats the contingency of historic events with due regard and, hence, his political outlook must not be considered to be vindicatory. Irony, therefore, might, though seemingly un-Kantian at the outset, be a clue to the differences, and, perhaps, in contrast with Rorty´s distancing himself from Kant, similarities between their respective political philosophies. A comparison of Kantian with Rortian irony might thus reveal continuities and discontinuities in political thought between the European Enlightment and American post-modernism. It, therefore, might help to better understand our time. In my paper, I perform a contrastive analysis of these two faces of irony. The analysis starts with an interpretation of these two faces as different ways to cope intellectually with the vicissitudes of the human condition. Next, I relate their irony to the way both philosophers deal with the split between the private and the public spheres, which is, in different ways, central to their political philosophies. This analysis will provide the material for an assessment of whether or not their irony can be considered as an evasive move, which allows for a safe distance from the contingent needs of mankind, and thus prohibits or supports solidarity with its fate. (shrink)

ABSTRACT: Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents. The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative structure sufficient for a public institutional (...) protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state’s legitimacy.RÉSUMÉ: Au contraire de ce qu’affirment bon nombre d’interpretations, le présent article soutient que la philosophie morale de Kant et ses explications sur la charité ne justifient pas adéquatement le droit de l’État à redistribuer les biens matériels afin de garantir les droits des citoyens non autonomes. Cet article rejette aussi l’idée largement diffusée que Kant ne justifie pas ouest incapable de justifier quoi que ce soit s’approchant même vaguement d’un État providence de type libéral. Une lecture attentive aux explications sur les relations de dépendance que l’on trouve dans «La doctrine du droit» dévoile une structure argumentative à même de défendre une institution publique vouée à la protection des citoyens non autonomes et fournit des preuves à l’effet que Kant voit la question de la justice économique comme un élément central de la légitimité de l’État. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Abstract. Kant's political philosophy in general is characterized by two aspects which sometimes compete with each other and sometimes supplement each other: an individualist element on the one hand and a social or "communitarian" element on the other hand. This paper deals with Kant's theory of private property. It attempts to show something that is usually overlooked in the secondary literature: that Kant has two, not just one argument for property. One is based on his theory of freedom and expresses (...) the individualist aspect of his thinking. The other argument is based on Kant's principle of right and expresses the social aspect of his political thought. Despite some problems with his arguments the complexity of Kant's theory remains impressive. (shrink)

Recent interpretations of Kant’s international political philosophy have argued that the formation of a coercive world-state (Völkerstaat) is morally required. While these interpretations highlight the importance of a strong world government, they ignore Kant’s alternative to a Völkerstaat, a world-federation (Völkerbund). For both theoretical and practical reasons, the Völkerbund plays a crucial role in cosmopolitan right, and Kant can only justifiably reject the formation of the Völkerstaat because of the structure of the Völkerbund. This article explains the constitution and functions (...) of the Völkerbund, and thereby shows why Kant was not ultimately committed to supporting a coercive world-state. (shrink)

This is a Belarusian translation of an essay interpreting the much-neglected Second Part of Kant's book, Conflict of the Faculties, entitled “An old question raised again: Is the human race constantly progressing?”, by showing the close relationship between the themes it deals with and those Kant addresses in the Supplements and Appendices of Perpetual Peace. In both works, Kant portrays the philosopher as having the duty to promote a “secret article”, without which his vision of a lasting international peace through (...) the agency of a federation of states is bound to fail. Both works identify this article as involving the necessity of publicity as a transcendental condition for peace, and call for philosophers to engage politicians and lawyers in a creative attitude towards lawmaking. Kant’s visionary program has failed to reach its goal up to now, not because it is too idealistic, but because philosophers have failed to take up the challenge. (shrink)