Immanuel Kants Metaphysische Anfangsgründe der Rechtslehre, 1797 als erster Teil der Metaphysik der Sitten erschienen, stellen einen Beitrag zur neuzeitlichen Rechts- und Staatsphilosophie dar. Hinsichtlich der normativen Prinzipien von Recht und Staat entwickelt Kant eine erfahrungsunabhängige, insofern metaphysische Theorie. Sie beginnt mit einem angeborenen und unveräußerlichen Menschenrecht und geht dann zu den Institutionen des Eigentums und des Rechtsstaates über. Besonders aktuell ist die Formulierung eines rechts- und friedensfunktionalen Völkerrechts und eines Weltbürgerrechts. Darüber hinaus behandelt Kant auch das Ehe und Familienrecht, (...) das Verhältnis von Staat und Kirche und das Straf- und Begnadigungsrecht. Durch den thematischen Reichtum und die begriffliche Genauigkeit, vor allem jedoch durch die Radikalität seiner Fragen und die Originalität der Antworten ist Kants Rechtsdenken bis heute von hohem systematischem Rang. Die elf Beiträger dieses kooperativen Kommentars, der anlässlich des 300. Kant-Jubiläums in einer 3., überarbeiteten Auflage erscheint, nehmen die bleibend gültigen Provokationen der „Metaphysischen Anfangsgründe" ernst. Mit Beiträgen von Hans Friedrich Fulda, Otfried Höffe, Peter König, Kristian Kühl, Bernd Ludwig, Jean-Christophe Merle, Jörg Paul Müller, Terry Pinkard, Alessandro Pinzani, Robert B. Pippin, Allen W. Wood. (shrink)

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

The article investigates the problem of Kant's proposal for a final global legal order. Kant expressed his stance very vaguely in the consecutively published texts On the Common Saying, Toward Perpetual Peace and The Metaphysics of Morals, which enabled numerous, often contradictory interpretations. The aim of the paper is to propose an alternative method of analysis of Kant's texts, which on one side reconciles textual discrepancies in his writings and on the other throws new light on many of the previous (...) interpretations. In order to accomplish this goal, I draw distinctions between four perspectives, from which the philosopher considers this issue in his writings. This allows me to give the final form of Kant's world peace, explain the character of the international state of nature vs the original one, and understand the role of the principles of politics and the status of Kant's teleological understanding of history. (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)

What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

[full article, abstract in English; abstract in Lithuanian] During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an (...) original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective. (shrink)

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a co...

This article defends state sovereignty as necessary for a form of popular sovereignty capable of realising the republican value of non-domination and argues it remains achievable and normatively warranted in an interconnected world. Many scholars, including certain republicans, contend that the external sovereignty of states can no longer be maintained or justified in such circumstances. Consequently, we must abandon the sovereignty of states and reconceive popular sovereignty on a different basis. Some argue sovereignty must be displaced upwards to a more (...) global state, while others advocate it be vertically and horizontally dispersed to units below, across and above the state. Each group offers a related vision of the European Union to illustrate their proposals. Both these arguments are criticised as more likely to produce than reduce domination because neither can sustain a form of popular sovereignty capable of instantiating relations of non-domination. This article proposes the alternative of a republican association of sovereign states that allows sovereign states and their peoples to mutually regulate their external sovereignty in non-dominating ways. This alternative proposal provides a more plausible and defensible means for sustaining the requisite kind of popular sovereignty in contemporary conditions and a more appropriate vision of the European Union. (shrink)

O objetivo deste artigo é examinar a hipótese de que a teoria kantiana do direito público seja estruturalmente antinômica, a despeito de que Kant só lhe tenha admitido o aspecto paradoxal. Com efeito, a teoria kantiana do direito público simultaneamente sustenta: (i) que o ingresso dos homens em um estado juridicamente organizado depende da obediência ao comando da razão que nos ordena celebrar o pactum unionis civilis e aceitar a submissão a uma ordem constitucional civil; (ii) que devemos aceitar como (...) nosso legítimo soberano a quem quer que tenha condições de efetivamente impor seu poder sobre nós. Bons intérpretes como Bouterwek e Hermann Cohen pensaram, contudo, que a verdadeira dificuldade dessa análise é uma desconcertante confusão dos conceitos de soberano e de soberania. A hipótese que procuramos explorar neste artigo é a de que se obterá um melhor entendimento da posição de Kant se admitirmos que os dois planos de análise e as teses conflitantes a que se acaba de aludir estão em uma posição reciprocamente equivalente à que se encontram tese e antítese nas antinomias dinâmicas analisadas na "Crítica da razão pura". The aim of this paper is to examine the hypothesis that Kantian theory of public rights is founded on an antinomic conceptual structure, even though Kant only admitted the paradoxical character of his doctrine. Kant's theory on public right states, at the same time, that: (i) the access to a rightful condition is dependent on our compliance to the command of reason to celebrate the pactum unionis civilis and the corresponding submission of the citizens under a civil constitution; (ii) we shall accept as our legitimate sovereign whoever is able to impose his power over us. Good interpreters, as Bouterwek and Hermann Cohen thought, however, that the true difficulty with his analysis is that it contains an astonishing confusion of the concepts of sovereign and sovereignty. The hypothesis I would like to explore in this paper is that perhaps a better understanding of Kant's position on this theme can be obtained by admitting that the two levels of analysis and the conflicting thesis we found in his doctrine of public rights are in a position reciprocally analogous to that occupied by thesis and antithesis in the dynamical antinomies assessed in the Critique of Pure Reason. (shrink)

It is sometimes held that modern institutionally-focussed conceptions of social justice are lacking in one essential respect: they ignore the importance of civic friendship or solidarity. It is also, typically simultaneously, held that Aristotle’s thought provides a fertile ground for elucidating an account of civic friendship. I argue, first, that Aristotle is no help on this score: he has no conception of distinctively civic friendship. I then go on to argue that the Kantian distinction between perfect and imperfect duties is (...) more useful than talk of civic friendship in capturing the non-institutional demands of social justice. (shrink)

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a confederal ‘league of nations’? However, while the systematic nature of Kant's tripartite ‘doctrine of right' is well recognised, this debate has been conducted with all but exclusive focus on ‘international right' in particular. This article, by contrast, brings ‘cosmopolitan right' firmly into view. It proceeds by way of engagement with the two Kantian (...) arguments made in defence of a ‘league of nations’ in discussion of international right, each of which appeals to aspects of states’ supposed ‘personhood’: the first appeals to states’ distinctive moral personality; the second to states’ physical manifestation. The article considers what happens when we assess these arguments not just in light of the demands of international right, but also in light of cosmopolitan right, and thus in light of public right more comprehensively. The answer is that such arguments cannot succeed as full defences of a league of nations. Indeed, when we assess such arguments with cosmopolitan right in view, they point instead – either tentatively or definitively – in the direction of world government. (shrink)

An influential interpretation of Kant’s Doctrine of Right suggests that the relationship between public right and freedom is constitutive rather than instrumental. The focus has been on domestic right and members’ relations to their own state. This has resulted in a statist bias which has not adequately dealt with the fact that Kant regards public right as a system composed of three levels – domestic, international and cosmopolitan right. This article suggests that the constitutive relationship is between all levels of (...) right, on the one hand, and ‘freedom in the external relation’ of all human beings, on the other hand. (shrink)

Immanuel Kant is recognised as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice, he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant's late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant's comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I contend, instead, that we (...) should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’. The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, because the demoi (...) govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both. (shrink)

El artículo reconstruye tres estratos de un concepto de lo social que puede encontrarse en la filosofía práctica de Immanuel Kant sin recurrir a sus textos de antropología e historia. Para ello se especifican las nociones de coexistencia humana y coacción recíproca universal que describe en su Metafísica de las costumbres, con el fin de indicar que con ellas no cabe referirse a una sociedad, sino a la forma de una. Posteriormente se reconstruyen algunas coordenadas de la “comunidad ética” presentes (...) en La religión..., para argumentar, por una parte, que aquí puede hablarse de una sociedad como tal, y por otra, que esta puede conformar un puente entre la forma de la sociedad jurídica y la formación ética de las personas, i.e., entre el uso externo de la libertad y su uso interno, al socializar máximas morales y abrigar estas una peculiar normatividad intrínseca. (shrink)

Pauline Kleingeld argues that according to Kant it would be wrong to coerce a state into an international federation, due to the wrongness of paternalism. Although I agree that Kant opposes the waging of war as a means to peace, I disagree with Kleingeld's account of the reasons why he would oppose coercing a state into a federation. Since she does not address the broader question of the permissibility of interstate coercion, she does not properly address the narrower question of (...) whether coercion to compel a state to join a federation can be permissible. I revise and supplement her arguments. (shrink)

Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific (...) form of status relations between nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations. (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)

Although Kant argues that a world republic with coercive public law is the only rational way to secure a lawful cosmopolitan condition, he states that it is an unachievable ideal, and he proposes a voluntary, non-coercive federation of states as a substitute. While some scholars have criticized Kant for moving away from this ideal due merely to pragmatic considerations, I argue that his rejection of a coercive world republic is based on his conception of state sovereignty and what is required (...) for a lawful condition. I consider how we can institutionalize a lawful condition between states without a coercive world republic in ways that go beyond Kant’s voluntary federation. I also consider how we can resolve this dilemma in Kant’s account to support a federal world republic. (Published online first on June 16, 2014). (shrink)