This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’ Conference, this Insight offers a revisionist interpretation of both Kant and Hobbes while suggesting Machiavelli as a third possible inspiration for EU external action. Although he is often (...) portrayed as a proto-“realist” intent on increasing state power, Hobbes in reality favours stability above all else and would therefore presumably not support a more “aggressive” foreign policy. Kant, on the other hand, has traditionally been seen as more of a philosophical idealist, but his political philosophy in fact supports a more assertive conduct by states in their external relations. Both of these philosophers are thus quite different from how Borrell portrays them. The Insight also introduces the perspective of a third thinker, Machiavelli, whose philosophy suggests that the EU should adopt a pragmatic diplomatic strategy, forging alliances, supplying Ukraine with weapons, and maintaining strong ties with allies. (shrink)

Which role can physical proximity play in our thinking about the foundations of political community in a world where, due to political, economic and technological developments, we seem to live side by side with virtually everyone globally? This article interrogates this question in conversation with Kant’s political thought, where proximity makes a prominent appearance both as a foundation of statehood and of cosmopolitan community. I argue that, as a scalar criterion, the idea of proximity cannot serve as a particularisation principle (...) that guides us in carving up the world into peoples or territories. However, as a regulative principle it provides an appealing normative criterion for the internal constitution of existing states. While this is predicated on accepting Kantian conservatism about boundaries, the proximity-based state is structured in a way that deflates the normative significance of the very distinction between insider and outsider. (shrink)

The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed (...) earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states. (shrink)

International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling analysis on (...) this topic. Five components of Kant's roadmap towards perpetual peace and an eventual world republic give conditional support for humanitarian intervention even in imperfect juridical conditions. This support is conditional on the achievement of juridical progress within and among states and has implications for the development of cosmopolitan citizenship. From Kant we learn that, ultimately, humanitarian intervention should become a matter of coercive law enforcement rather than an ethical question of ‘saving strangers’. (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)

Of the questions concerning the many great minds of the European Enlightenment, the question of what constitutes right and proper government perhaps had the most enduring influence on the world stage. Both Thomas Jefferson and Immanuel Kant attempted to answer the question of what constitutes right government, in particular by basing the system upon the idea of human freedom as an inalienable right. This project is an attempt to compare the systems proposed by these two authors, as well as to (...) critique each on its ability to protect and foster individual freedom. It is my opinion that neither manages to do what it is constructed to do, as each fails to fully protect individual freedom, and each has as part of it a component which conflicts with individual freedom. (shrink)

In her essay , 82–111), Shell wants to demonstrate that 1. Kant's theory of the right of nations ‘can furnish us with some much needed practical help and guidance’, and 2. ‘Kant is less averse to the use of force, including resort to pre-emptive war… than he is often taken to be’ . The first claim is unconvincing. The second one is in need of clarification. Shell turns Kant into a kind of realist and just-war theorist, into a liberal who (...) is prejudiced against illiberal regimes. In the end, her Kant is closer to Locke, Vattel and other early liberal international lawyers than to himself. Almost all that is unique in Kant's theory of the right of nations gets lost. In this, Shell follows a general trend among some Kant interpreters: the interpretation is only loosely based on Kant; it claims to follow his ‘spirit’ and offers creative ‘Kantian perspectives’. Amidst interpretational creativity, Kant's texts more or less disappear in the mist. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)

ABSTRACTA much debated passage in the Metaphysics of Morals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving inc...

This piece presents an account of Kant's notion of provisional right and connects this conception to his defence of two principles of publicity. The argument is to the effect that understanding the notion of provisional right will enable us to comprehend the Kantian picture of the state of nature, the basis of the transition from such a state to the civil condition and also his treatment of international right. The paper also presents the sketch of a Kantian theory of normatively (...) justified institutions. (shrink)

Best known for his ethical works, Immanuel Kant was part of the liberal Enlightenment and addressed most of the principal political issues of his day. Several of his major works were written in the wake of the storming of the Bastille in Paris, while Europe was engaged in the French Revolutionary Wars. His rejection of revolution but endorsement of the principles for which the French revolutionaries were fighting, as well as his plea for a federation of European states that would (...) settle disputes peacefully, reflected his engagement with the controversies raised by the Revolution. But, although he could not countenance revolution, he declared that, once a revolutionary government has succeeded in establishing itself, citizens should obey the new government, rather than try to restore the ousted authorities. (shrink)

: Most contemporary attempts to draw inspiration from Kant's cosmopolitan project focus exclusively on the prescriptive recommendations he makes in his article, ‘On Perpetual Peace’. In this essay, I argue that there is more to his cosmopolitan point of view than his normative agenda. Kant has a unique and interesting way of problematizing the way individuals and peoples relate to one another on the stage of world history, based on a notion that human beings who share the earth in common (...) ‘originally’ constitute a ‘commercium’ of thoroughgoing interaction. By unpacking this concept of ‘commercium’, we can uncover in Kant a more critical perspective on world history that sets up the cosmopolitan as a specific kind of historical-political challenge. I will show that we can distinguish this level of problematization from the prescriptive level at which Kant formulates his familiar recommendations in ‘Perpetual Peace’. I will further show how his particular way of framing the cosmopolitan problematic can be expanded and expatiated upon to develop a more critical, reflexive, and open-ended conception of cosmopolitan thinking. (shrink)