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)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (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)

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)

Kant does not completely work out his philosophical conception of enlightenment. The definition of enlightenment that he offers in his well-known essay on the topic does not seem to completely match the definition that he puts forward later in his essay on the pantheism controversy and in the third Critique. It remains unclear how the two definitions relate to each other and whether and how they rest on the same principle. The lack of clarity in Kant’s conception of enlightenment is (...) left mostly unaddressed in the secondary literature on the topic. This paper suggests that Kant’s philosophical conception of enlightenment rests on the discipline of pure reason. The self-disciplinary principle of reason, which is laid out in the Doctrine of Method of the first Critique, underlies both of Kant’s definitions of enlightenment, although he himself does not clearly demonstrate how it does so. (shrink)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...) state from the state of nature represented both decisive historical-moral progress from the medieval European non-state polities and the possibility of true moral personhood, thanks to the unity of will and judgment created by a unified authority structure. The article then argues that this overattachment to unity, both as an historical culmination and as a prerequisite to full personhood, was carried over into subsequent nationalist and cosmopolitan thought, where we see over-moralizations of historical processes, excessive claims for the teleological causal force of moral progress, and critiques of the immaturity of those persons who do not live in the recommended political form. The article closes with a sustained critique of both historical and individual-moral teleologies of these sorts. (shrink)

I argue that Kant’s mature political philosophy entails the provisionality thesis. The provisionality thesis asserts that in a world like ours, populated with beings sufficiently like us, acquired rights (rights to external objects of choice, including property, sovereignty and territory) are necessarily provisional. I motivate the standard view, which restricts the notion of provisional right to the state of nature and the transition from the state of nature to the civil condition. I then provide two textual arguments against it. I (...) conclude by reflecting on the normative implications of the provisionality thesis, arguing that they are more modest than has been formerly appreciated. (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)

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)

Kant’s writings on political philosophy do not clearly and conclusively determine its place and significance in his critical philosophy. To address this issue, most accounts of Kant’s political philosophy concentrate on his explicitly political texts that cluster around the second and third Critiques. Although many of these interpretations illuminate different aspects of Kant’s political philosophy, they are silent with regard to a concept of publicness that is implied in the first Critique. This article suggests that Kant’s critical method of metaphysics (...) implies a disciplinary conception of publicness, which is foundational for his political philosophy. It demonstrates how this conception of publicness can be found in the Doctrine of Method of the first Critique, more specifically, in Kant’s argument that all acts of reason must be subjected to the discipline of pure reason. (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)

This essay argues that aristocratic values and social practices were deployed in the transition to modernity, where equal dignity replaced positional honor as the ground on which an individual's political status rests. The essay focuses on dueling, one of the most important practices for the maintenance of aristocratic honor, at the moments of transition, primarily in the eighteenth and nineteenth centuries. The author argues that the practice has resources for an egalitarian refashioning. This is because it is a system for (...) the distribution of respect and because it involves social equals. At the same time, it is necessarily masculine, which limits the degree to which it can realize equality. The essay argues that the egalitarian refashioning emerged in part out of eighteenth-century thinkers' own reinterpretation of the practice. The focal theorist in the essay is Immanuel Kant, whose discussion allows us to weave together theoretical discussions of honor with the social practices of dueling. (shrink)

Whereas several commentators have held that Kant’s argument for the postulate of private right fails insofar as it begs the question, I argue here that this criticism misses the mark. Critics have...

The paper argues that the liberal approach to social rights is contradictory and provides an alternative account that draws on solidarism, a strand of nineteenth-century French Republican thought. Solidarism links together a normative theory of social obligation and a descriptive account of social value, debt and unearned increment. The theory of social property provides a distinctive foundation for social rights.

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)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 333-360, March 2022. Kant’s writings on political philosophy do not clearly and conclusively determine its place and significance in his critical philosophy. To address this issue, most accounts of Kant’s political philosophy concentrate on his explicitly political texts that cluster around the second and third Critiques. Although many of these interpretations illuminate different aspects of Kant’s political philosophy, they are silent with regard to a concept of publicness that is implied in (...) the first Critique. This article suggests that Kant’s critical method of metaphysics implies a disciplinary conception of publicness, which is foundational for his political philosophy. It demonstrates how this conception of publicness can be found in the Doctrine of Method of the first Critique, more specifically, in Kant’s argument that all acts of reason must be subjected to the discipline of pure reason. (shrink)

Kant distinguishes between ‘active’ and ‘passive’ citizens and holds that only the former are civilly self-sufficient and possess rights of political participation. Such rights are important, since for Kant state institutions are a necessary condition for individual freedom. Thus, only active citizens are entitled to contribute to a necessary condition for the freedom of each. I argue that Kant attributes civil self-sufficiency to those who are not under the authority of any private individual for their survival. This reading is more (...) textually grounded than the dominant reading, which understands civil self-sufficiency in terms of economic relations alone. I further argue that Kant was interested in relations of authority because he was concerned to eliminate certain forms of corruption. This indicates that Kant’s contested distinction between active and passive citizens was a response to a key problem of any account of public lawgiving. (shrink)

Looking at two well-known discussions of Kant’s discourse on friendship, namely, the second half of Doctrine of Virtue and his Lecture on Friendship, this paper traces the points of overlap and separation whereby, through the paradigm of friendship, the morals and politics of Kant’s discourse are reconsidered. In what follows, I will show first, how Kant’s theory of friendship plays a role in his conception of social relations and morality and second, how the nature of his concerns with friendship reveals (...) both an insistence on moral duties and, in the spirit of Derrida, a difficult, if not paradoxical, politicization of these same duties. In doing so, I argue that Kant’s ideas on friendship are part of a necessary yet irreconcilable tension between political and ethical obligations. Friendship is thought necessary for the well-being of political states at the same time that its instrumentalization undermines the heterogeneous nature of ethical responsibilities and the call to particularity which distinguishes it from other forms of associations. In the end, I argue that Kant’s theory of friendship is characterized by a fundamental ambivalence whose contradictions do not pave the way for new possibilities for association, community, nationhood etc., but only highlight its aporetic underpinnings. (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)

This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity (...) has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (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...

Contemporary ‘realists’ attack the Kantian influence on political philosophy. A main charge is that Kantians fail to understand the specificity of politics and neglect to develop a ‘distinctively political thought’ that differs from moral philosophy. Instead, the critics say, Kantians are guilty of an ‘ethics-first approach to politics,’ in which political theory is a mere application of moral principles. But what does this ethics-first approach have to do with Kant himself? Very little. This article shows how Kant’s approach to political (...) theory at a fundamental level includes political institutions, power, and coercion as well as disagreement, security, and coordination problems. In contrast to realists, Kant has a fundamental principle, which can explain why and guide how we ought to approach the political question, namely the norm of equal freedom. Yet, Kant’s theory does not take the form of a moralistic ought addressed to the isolated individual, but concerns a problem that we share as interdependent beings and that requires common institutions. The fruitfulness of the Kantian approach, then, is that it can take the political question seriously without being uncritical of actual politics and power, and that it can be normative without being moralistic. (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)

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)