This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

Contemporary debates about ideal and nonideal theory rest on an underlying consensus that the primary practical task of political theory is directing action. This overlooks other urgent practical work that theory can do, including showing how injustice can be made bearable and how resisting it can be meaningful. I illustrate this important possibility by revisiting the purpose for which John Rawls originally developed the concept of ideal theory: reconciling a democratic public to living in a flawed world that may otherwise (...) seem more of a home for catastrophe than justice. However, Rawls’s account of reconciliation is flawed; because of his methodology, the realistic utopia he constructs as a source of hope can be used to defend an unjust status quo. By drawing lessons from Theodor Adorno’s contrasting view of reconciliation after the Holocaust, I offer a more democratic method for political theory to offer sources of hope to the public. (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)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

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)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (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 paper analyzes the ethical-political dilemma in Kant’s work, sometimes expressed through the metaphor of the “crooked wood of humanity.” Kant separates external and internal freedom and the types of legislation each form of freedom requires (coercive and noncoercive). Yet, he also argues that corrupt political institutions adversely affect individual ethical development, and, reciprocally, corrupt inner dispositions of a populace adversely affect the establishment of just political institutions. I argue that a major way in which Kant addresses this vicious circle (...) is through ethical institutions, that is, noncoercive public resources for articulating and disseminating the principles of the moral law. I discuss the idea of an ethico-civil society or ethical community formulated in the Religion as an ideal model for ethical institutions mediating the ethical and the legal-political in a noncoercive, progressive manner. (shrink)

La posesión común de la tierra fue una idea prominente en la filosofía moderna del siglo xvii. En este artículo, sostendré que Kant no sólo propuso una versión secular de la posesión común de la tierra, sino que también se diferenció de forma radical de la concepción iusnaturalista de sus predecesores. Propongo que la revisión kantiana del derecho cosmopolita se dirige al mismo problema que el derecho de necesidad de Grocio, a saber, la implausibilidad de asumir derechos adquiridos absolutos cuando (...) esto contradice la razón por la que se introducen esos mismos derechos. Sin embargo, mientras que Grocio pretendió excusar violaciones de la propiedad privada en casos de necesidad, Kant limitó su discusión al derecho de rechazar la entrada de personas en un territorio. Muestro que para Kant, negar la ocupación del espacio que puede salvar la vida a otro ser humano que está, en principio, tan legitimado como cualquier otro a tener un derecho en la tierra está en contradicción con la justificación misma del derecho territorial de los Estados. Esto se debe a que el permiso para controlar el territorio y el derecho de los visitantes involuntarios a ser admitidos en una región están basados en el mismo fundamento legal o Rechtsgrund, a saber, la comunidad original de la tierra. (shrink)

There is a tendency within the literature to decry Kant as either a proto-imperialist or as a proto-democrat in relation to his views on distant strangers. I here take an alternative view, arguing that Kant’s cosmopolitan morality is considerably more context-sensitive than is often assumed. More specifically, I argue that Kant’s encounter with American nomads on the final pages of his Doctrine of Right reflects a nuanced reading of European settlers’ requisite comportment towards them: Kant neither endorses a universal duty (...) of state entrance nor does he place nomads beyond all possible moral engagement with European settlers. (shrink)

Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. Since we are obligated to respect each (...) person’s right to freedom, and can do so only in a state, we are obligated to submit to the authority of the state if we have one, and to establish one if we do not. In the first half of the essay I reconstruct this argument in more detail. In the second half I survey four points of controversy: (i) What is the relationship between Kant’s political philosophy and his moral philosophy? (ii) How does the innate right to freedom support the postulate that we are permitted to acquire property and other private rights? (iii) How does the postulate support an obligation to found the state? (iv) How should we understand Kant’s views about political revolutions? (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)

Kant’s cosmopolitanism can be read from two main perspectives: temporal and spatial. Reading cosmopolitanism from a temporal perspective means paying attention to the historical realization of the ideal of cosmopolitanism and to its related issues such as: the progress of humankind, its final destination, the purpose of universal history, the highest purpose of nature. Instead, reading cosmopolitanism from a spatial perspective means paying attention, e.g. to the ‘fact’ of the sphericity of the earth and to its relationship with cosmopolitan right, (...) territoriality, borders and freedom of movement. In this paper I would like to show how adopting a spatial perspective is useful not only in order to delimit a field of inquiry, but also to shed new light on apparently well-known and thoroughly investigated notions of Kant’s cosmopolitanism, such as the notions of the citizen of the world, of the cosmopolitan right, and of the World republic. (shrink)