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)

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)

Global capitalism is a transnational “operational space” which is produced by the practices of states, policy- and issue-specific government networks, and private organizations such as transnational corporations, global law firms, and standard-setting agencies. This “operational space,” which I call the transnational constellation, works through and beyond distinct spatial settings, endowing them with a global financial capitalistic logic and limiting the scope of democratic self-determination. In the second section, I analyze political protest against this transnational constellation in terms of democratic theory. (...) I argue that transnational protest and activism have to be appreciated for their reshaping of spaces of the political, for developing and delivering a genuinely global perspective on political problems, and for their politicization of the transnational constellation by revealing and contesting structures and strategies of domination. However,... (shrink)

[full article, abstract in English; only abstract in Lithuanian] This paper tackles Kant’s juridical arguments for criticizing European colonialist practices, taking into account some recent accounts of this issue given by Kant scholars as Ripstein, Cavallar, Flikschuh, Stilz and Vanhaute. First, I focus on Kant’s grounding of cosmopolitan union as a juridical requirement stemming of the systematic character of the rational doctrine of right. Second, I pay attention to Kant’s remarks about how the European nations ought to establish commercial relations (...) with other nations in the world and how they should approach non-state people. I draw the conclusion that Kant’s juridical-political writings should be consider as a forerunning corpus for furthering an anti-colonialist mind in the European philosophy of Enlightenment. (shrink)

The paper starts out from a debate that occurred in Germany in 2015, where interpreters claimed to be able to divine Immanuel Kant’s views of the contemporary refugee crisis. It does not attempt to give a substantive answer to the title question, i.e. it does not try to specify the conclusive extension of cosmopolitan right. In contrast, it outlines the systematic work that would have to be done in order to be able to answer the title question. I start from (...) cosmopolitan right as natural right and ask what kinds of transformations cosmopolitan right would have to undergo to form a legitimate part of public international law, in parallel to Kant’s move from provisional private law to peremptory public law in his Doctrine of Right. For that purpose, I introduce distinctions between trivial and non-trivial transformation, between strong and weak transformation, and between transformation based on historically blameworthy and historically blameless action. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...) similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

In this essay, I first outline the contexts in which the idea of cosmopolitanism appears in Kant's moral and political philosophy. I then survey the three main debates regarding his political cosmopolitanism, namely, on the nature of the international federation he advocated, his theory of cosmopolitan right, and his views on colonialism and ‘race’, and I consider the relation between patriotism and cosmopolitanism in Kant's work. I subsequently discuss Kant's moral cosmopolitanism. Kant is widely held to be a defender of (...) moral cosmopolitanism, but the terminology of world citizenship is in fact strikingly rare in Kant's writings on moral theory. I offer a two-part explanation for why this is the case. (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)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that they are not remedial. (...) Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

Non-state peoples cannot be subjects of Kant’s international law, which accordingly affords them no protection against external interference. They might also lack the dynamic of private law at the basis of the duty of state entrance. Prima facie, this compels Kant to allow that their lands be appropriated and that they be forced out of the state of nature. But this conclusion is at odds with his cosmopolitanism, particularly its anti-imperialistic commitments: non-state peoples are protected against annexation, under Kant’s cosmopolitan (...) law. The paper makes three contributions to the debate on this tension. Firstly, it disambiguates scope, ground, and relata of the duty to exit the state of nature. Secondly, it argues that non-state peoples have an inter-group duty to exit the state of nature; and that this holds for a non-state people regardless of whether it also has an intra-group duty of state entrance, which remains unenforceable by outside parties. Finally, it offers a construal of the former duty as a cosmopolitan duty to interact peacefully even in the absence of a shared culture. (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 limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)