Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation (...) and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

This article addresses the sensitive topic of human rights issues in Indonesia through a Kantian analysis. Cases of human rights violations are a common occurrence in Indonesia. Presently, human rights violations in the country are assessed from historical and legal perspectives. However, there is little commitment or willingness on the part of the Indonesian government to protect and defend the principles of human rights. This article is attempts to utilize arguments from political philosophy that can contextualize the protection and implementation (...) of human rights in Indonesia, through an analysis of the concept of social contract in Immanuel Kant’s political philosophy. According to Kant, freedom and equality are natural rights. This article demonstrates that Kant's social contract theory is linear with his formal moral philosophy. In his explanation, ‘contract’ is unified will. Therefore, the Indonesian state with its power is responsible to implement the will of the public to ensure order and rule of law and to protect the rights and freedom of each individual. (shrink)

This is the Introduction to a collected volume.

One of the greatest woman intellectuals of eighteenth‐century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom. Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a way that (...) opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently “just” nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, nonviolent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

Despite its undisputed importance, fear is yet to become a distinct research area for social theory. However, without a clear conceptualization of fear, the explanation of significant phenomena, such as the risk-related anxiety or the conflict of the global and the local, remains incomplete. This article aims at reintroducing fear at the fundamental level of social integration. First, the social contract theories of Hobbes and Rousseau are reinterpreted in order to identify a negative (based on fear) and a positive (based (...) on hope) motivational basis of self-limiting one’s freedom of pursuing individual goals. These motivations for cooperation are the prerequisite of any society, as their absence results in disintegration. While social contract theories analyse them in detail, social theories forget about this level and focus on the mechanisms of action coordination. From the perspective of the two types of motivation for cooperation, two modalities of integration mechanisms identified by classical (Weber, Durkheim, Habermas) and late modern (Beck, Castells) social theories are elaborated. Based on such a model, the contemporary expansion of fear is explained as a consequence of the upset balance of the two modalities, leading to the predominance of negative integration. (shrink)