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)

This article discusses five attempts at justifying the provision of welfare on Kantian grounds. I argue that none of the five proposals is satisfactory. Each faces a serious challenge on textual or systematic grounds. The conclusion to draw from this is not that a Kantian cannot defend the provision of welfare. Rather, the conclusion to draw is that the task of defending the provision of welfare on Kantian grounds is a difficult one whose success we should not take for granted.

El objetivo del trabajo es mostrar que la pobreza es, para Kant, la contracara de una distribución social de la propiedad adquirida incompatible con la igual libertad de todos según leyes universales. El problema de la pobreza no es –dejó dicho Kant– un tema de beneficencia o de deberes éticos laxos de cada cual. Tampoco es un asunto de un derecho de necesidad que habilitara al pobre a robar cuando sus necesidades elementales no están satisfechas. Es un problema estructural en (...) la constitución de un estado jurídico, una grieta fatal en el diseño de sus Instituciones públicas incapaces de configurar una vida social acorde con la reciprocidad en la libertad externa de todos. (shrink)

In this paper I explore elements from Kant’s philosophy of right to develop a relational account of the wrong of poverty. Poverty is a relational wrong because it involves relations of problematic dependence, inequality, and humiliation. Such relations infringe the rights to freedom and equality of the poor. And the called-for response is one of public recognition and protection of the rights of the poor. This position means we must radically reconceptualize our individual duties to the poor: not _private beneficence_, (...) but _private remedies for public failures_. (shrink)

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 poor, children, and the impaired). 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. (shrink)

We often make a distinction between what we owe as a matter of repayment, and what we give or offer out of charity. But how shall we describe our obligations to fellow citizens when we are in a position to be charitable because of a past injustice on the part of the state? This essay examines the moral implications of past injustice by considering Immanuel Kant's remarks on this phenomenon in his lectures and writings. In particular, it discusses the role (...) of the state and the individual in addressing the problem. (shrink)

This essay tries to develop a “black radical Kantianism”—that is, a Kantianism informed by the black experience in modernity. After looking briefly at socialist and feminist appropriations of Kant, I argue that an analogous black radical appropriation should draw on the distinctive social ontology and view of the state associated with the black radical tradition. In ethics, this would mean working with a (color-conscious rather than colorblind) social ontology of white persons and black sub-persons and then asking what respect for (...) oneself and others would require under those circumstances. In political philosophy, it would mean framing the state as a Rassenstaat (a racial state) and then asking what measures of corrective justice would be necessary to bring about the ideal Rechtsstaat. (shrink)

This paper argues that, although no resistance or revolution is permitted in the Kantian state, very tyrannical regimes must not be obeyed because they do not qualify as states. The essay shows how a state ceases to be a state, argues that persons have a moral responsibility to judge about it and defends the compatibility of this with Kantian authority. The reconstructed Kantian view has implications for how we conceive authority and obligation. It calls for a morally demanding definition of (...) the state and asserts that the primary personal responsibility is not to evaluate the morality of every single law but to evaluate the moral standing of the polity.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kant, the State, and RevolutionVolume 18, Issue 1Reidar Maliks DOI: https://doi.org/10.1017/S1369415412000271Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kant, the State, and RevolutionVolume 18, Issue 1Reidar Maliks DOI: https://doi.org/10.1017/S1369415412000271Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kant, the State, and RevolutionVolume 18, Issue 1Reidar Maliks DOI: https://doi.org/10.1017/S1369415412000271Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Although much work has been done on Kant’s theory of moral agency, little explored is the possibility of a Kantian account of the moral agency of groups or collectives that comprise individual human beings. The aim of this paper is to offer a Kantian account of collective moral agency that can explain how organized collectives can perform moral actions and be held morally responsible for their actions. Drawing on Kant’s view that agents act by incorporating an incentive into their maxims, (...) it is argued that groups of agents can engage in practical deliberation in much the same way individual agents can, resulting in the formulation of a distinctive “group maxim” for which the group, as such, can be morally responsible. (shrink)

This paper concentrates on the way Kant's distinction between duties of right and duties of virtue operates at the interstate level. I argue that his Right of Nations (V ölkerrecht) can be interpreted as a duty to establish a kind of interstate distributive justice (that is, as a duty to secure states in their independence and territorial possessions), which is called for to secure domestic distributive justice and to protect individuals' freedom and private property. Or at least this is 'ideal (...) theory' for, as I specify, this cosmopolitan linkage is compromised by Kant's endeavour to accomodate the existence of non-republican states. (shrink)

The main purpose of this article is to bring into relief the difficulties faced by generous interpretations of the Kantian problem of poverty and to propose an alternative interpretation which (a) agrees with some generous interpretations that Kant's juridical treatment of poverty is to be understood by analogy with his juridical treatment of slavery, but which (b) departs from generous interpretations in general by arguing that this analogy is not to be understood in terms of “dependence” as such, but in (...) terms of “depersonification.” More specifically, it argues that what makes slavery and poverty unjust for Kant is not that they entail a human being finding herself (completely) dependent on the choice of another human being, but that they entail a human being being deprived of her juridical personality. The Kantian problem of poverty is ultimately a problem of juridical depersonification, and this problem of juridical depersonification does not arise in all (complete) dependence relations. (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)

The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state-mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external freedom. (...) Yet Kant endows the freedom-based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom-threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto-School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice-making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment. (shrink)

I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.

I have two goals in this paper. First, I want to determine whether Kant’s justification for state programs for poverty relief in The Doctrine of Right is based on 1) Kantian duties of virtue, 2) Kantian duties of right, or instead merely on 3) instrumental arguments regarding the preservation of a State as such. I claim that the last alternative is the correct one. Second, I will argue, against Kant himself, that even his merely instrumental arguments for public programs for (...) poverty relief are ruled out by his doctrine of right. My conclusion is that, perhaps surprisingly, the only genuinely Kantian way to provide poverty relief is privately, just as Libertarians have argued. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. In the first part of this enquiry (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In the second part (Eng 2014b), I outlined a Kantian approach that represents a paradigmatic alternative to Rawls. In this third and final part, I shall argue that Rawls's reflective equilibrium cannot justify the choice of itself and that in the broader perspective thus necessitated, we cannot escape the metaphysical issues integral to the Kantian approach. (shrink)

Liberalist thinking argues that moral agents have a right to pursue an ordinary life. It also insists that moral agent can be bystanders. A bystander is involved with morally bad states of affairs in the sense that they are bound by moral duty, but for a non-blameworthy reason. A common view on the morality of commercial life argues that commercial agents cannot and ought not to assume the status of bystander, when confronted with child labor, pollution, or other overwhelmingly big (...) morally bad states of affairs. According to the common view, the agent will get overdemanded. In this paper, the overdemandingness charge is interpreted as a criticism of the liberalist position. According to this charge, bystander status must be given up in the market because otherwise the right to pursue a personal life is crushed. In this paper, we demonstrate that the overdemandingness charge fails. It does not make sense if bystander status is grounded in the duty of beneficence. It would make sense if the status were grounded in the duty of rescue but that duty does not apply in relation to oMBS. The condition of ‘subjective urgency’ is not fulfilled. Hence, liberalist thinking can withstand the charge of overdemandingness and commercial agents cannot assume a right never to acknowledge bystander status. (shrink)

Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns (...) related to the notion of justice as punishment, with serious cases of international corruption resolved with minimal retribution for offending MNEs. Taking a utilitarian ethical perspective, we also evaluate the effect of DPAs on MNEs’ tendency to self-regulate or re-offend. Our conclusion, supported by critical analysis of the juridical literature and case evidence on MNEs’ recidivism, is that DPAs do not foster ethical behavior. (shrink)

Durante décadas, los teóricos interesados en la discusión de Kant sobre el bienestar han estudiado la postura de Kant sobre la cuestión de la redistribución de bienes en la sociedad. Lo han hecho tanto para aclarar su postura como para una fuente de inspiración para problemas conceptuales actuales, frente a filósofos políticos contemporáneos que intentan reconciliar el ideal de la libertad igualitaria con la necesaria interferencia asimétrica para la redistribución y la provisión social. En este artículo, comienzo por la breve (...) discusión kantiana sobre el estado del bienestar en la Doctrina del derecho e identifico cuatro premisas que Kant afirmó con claridad como características de su postura. Posteriormente, propongo las cinco vías interpretativas principales en la interpretación de la obra de Kant, las evalúo y las ordeno. La interpretación más acertada de la justificación kantiana del bienestar, que llamo la postura “genuinamente kantiana” no llega a explicar, sin embargo, la naturaleza del deber del bienestar que propone. Propongo una solución, retrotrayéndome en los textos kantianos, que unida a otras consideraciones y cuestiones, se puede entender como el punto de partida de una nueva vía de interpretar este tema. (shrink)

Pretende-se investigar aqui a conexáo entre intersubjetividade e normatividade a partir das filosofias do direito de Kant e Fichte. Na primeira parte, levanto a questáo da intersubjetividade jurídico-moral a partir de uma reconsideraçáo sistemática do direito em Kant. Na segunda parte, desenvolvo esta interpretaçáo dentro da própria Rechtslehre . Na terceira parte, investigo a possibilidade de uma leitura da passagem do direito privado ao público capaz de realçar os nexos intersubjetivos como pressupostos para a aplicabilidade do direito. Em seguida, considero (...) como Fichte recorre ao reconhecimento recíproco para dar sustentaçáo à aplicabilidade da racionalidade jurídico-moral kantiana. Finalmente, pretendo indicar, do ponto de vista da validade hipotética do direito, tanto as aporias do modelo fichteano quanto as potencialidades de uma ancoragem intersubjetiva da consciência jurídica. (shrink)