Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and principles. Therefore, (...) my first task will be to clarify these terms and principles by introducing distinctions that have been neglected too often. After this I try to show a) that the Law of Right can in fact be justified by using the testing method the Categorical Imperative prescribes and b) that there is no other way to justify it. Doing this I criticize in detail the new arguments adherents of the independence thesis have recently put forward. (shrink)

It is generally acknowledged that Kant's political philosophy stands on a par with the great works of the Western liberal tradition. It is also a matter of agreement that the rational principles on which it rests represent an adequate philosophical expression of the progressive agenda that was inaugurated by the Enlightenment and fulfilled, with varying degrees of success, by the French Revolution. Yet Kant's philosophical position is ambiguous when it comes to evaluating that momentous event in modern history. We know, (...) from anecdotal evidence, some surviving letters, several cryptic references in his published works, as well as a number of posthumously published reflections, that Kant was enthusiastic about and strongly approved of the changes that were taking place in France at the time. He certainly condemned, in strong and unequivocal terms, the execution of Louis XVI. But this did not translate into a repudiation of his support for the revolution. And he seems to have found even in this case mitigating circumstances that explained the revolutionaries' decision to execute the monarch, thus in fact excusing their action. Moreover, he argued that all post-revolutionary governments ought to command the same kind of loyalty from their subjects as the ones they replaced, which appears to justify Kant's contention in the Idea for a Universal History that political violence can be a vehicle of progress. Furthermore, in the Contest of Faculties Kant went so far as to identify in the enthusiastic response of the ‘spectators’ to the French Revolution a clear sign of the moral disposition of humankind. (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)

A previous study has justified the idea that a politically liberal conception of formal education can be applied in a developing democracy if such a society has reached a narrow overlapping consensus on its education system or modifies its education system from a minimally coercive perspective. This study further considers the fundamental question of how to determine such an educational account’s curriculum elements. In this sense, this study aims to provide a perspective on determining some core curriculum elements of a (...) politically liberal conception of formal education, while focusing its attention to developing democracies. (shrink)