Switch to: References

Add citations

You must login to add citations.
  1. Coercive Interference and Moral Judgment.Jan-Willem van der Rijt - 2011 - Ethical Theory and Moral Practice 14 (5):549 - 567.
    Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • No Right to Resist? Elise Reimarus's Freedom as a Kantian Response to the Problem of Violent Revolt.Lisa Curtis‐Wendlandt - 2012 - Hypatia 27 (4):755-773.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • On Compromise and Coercion.Raphael Cohen-Almagor - 2006 - Ratio Juris 19 (4):434-455.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The Relativity of Political Authority: Overlapping Claims and Shared Subjects Beyond the State.Nicole Roughan - 2020 - Constellations 27 (4):702-715.
    Download  
     
    Export citation  
     
    Bookmark  
  • The Bloomsbury Companion to Kant.Dennis Schulting (ed.) - 2015 - Bloomsbury Academic.
    Download  
     
    Export citation  
     
    Bookmark  
  • Publicly Committed to the Good: The State of Nature and the Civil Condition in Right and in Ethics.Stefano Lo Re - 2020 - Diametros 17 (65):56-76.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Legitimacy, Hate Speech, and Viewpoint Discrimination.Gideon Elford - forthcoming - Journal of Moral Philosophy:1-26.
    One of the most powerful arguments against state regulation of expression has, in recent years, been presented in a reinvigorated and developed form. The argument in question maintains that state regulation of expression undercuts the legitimacy of the law because it involves the suppression of a source of democratic contestation. The paper distinguishes between three importantly different versions of this legitimacy argument that existing work fails to clearly separate. Doing so is important because different forms of the legitimacy argument are (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • What is Required to Institutionalize Kant’s Cosmopolitan Ideal?Sandra Raponi - 2014 - Journal of International Political Theory 10 (3):302-324.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Justice and Political Authority in Left-Libertarianism.Fabian Wendt - 2015 - Politics, Philosophy and Economics 14 (3):316-339.
    From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Doing Good Together: Competition Law and the Political Legitimacy of Interfirm Cooperation.Rutger Claassen & Anna Gerbrandy - 2018 - Business Ethics Quarterly 28 (4):401-425.
    ABSTRACT:Demands have been growing upon firms to take actions in the interests of workers, the environment, local communities, and others. Firms sometimes have felt they could best discharge such responsibilities by cooperating with other firms. This, however, is suspect from the point of view of a purely economic interpretation of competition law, since interfirm agreements may raise prices and thus lower welfare for consumers. Should competition law remain focused on competition enhancing economic welfare, or be reformed to allow for acts (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Democratic Theory and Border Coercion.Arash Abizadeh - 2008 - Political Theory 36 (1):37-65.
    The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...)
    Download  
     
    Export citation  
     
    Bookmark   128 citations  
  • Communal Ownership and Kant’s Theory of Right.S. M. Love - 2020 - Kantian Review 25 (3):415-440.
    The article argues that Kant’s argument for ownership entails a standard of meaningful use by which property regimes can be evaluated: a regime must make it possible for usable objects to be meaningfully used. A particular form of fully communal ownership can satisfy this standard. Further, this form of communal ownership is compatible with Kantian freedom more broadly. I conclude that, if this is so, there is a great deal of space for further consideration of the rightfulness of diverse regimes (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • The Morality of Unequal Autonomy: Reviving Kant’s Concept of Status for Stakeholders.Susan V. H. Castro - 2014 - Journal of Business Ethics 121 (4):593-606.
    Though we cherish freedom and equality, there are human relations we commonly take to be morally permissible despite the fact that they essentially involve an inequality specifically of freedom, i.e., parental and fiduciary relations. In this article, I argue that the morality of these relations is best understood through a very old and dangerous concept, the concept of status. Despite their historic and continuing abuses, status relations are alive and well today, I argue, because some of them are necessary. We (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • A Kantian Conception of Rightful Sexual Relations: Sex, (Gay) Marriage and Prostitution.Helga Varden - 2006 - Social Philosophy Today 22:199-218.
    This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...)
    Download  
     
    Export citation  
     
    Bookmark   24 citations  
  • Exiting the State and Debunking the State of Nature.Robert Hanna - 2017 - Con-Textos Kantianos 5:167-189.
    Contrary to the belief of most Kantians and Kant scholars, Kant is in fact an anarchist. In this paper, I distinguish sharply between two concepts of enlightenment, enlightenment lite and heavy duty or radical enlightement ; show how there is an unbridgeable gap between Kant’s official political theory in The Doctrine of Right and his ethics; show how Kant’s real political theory is worked out in Religion Within the Boundaries of Mere Reason, and is in fact a heavy-duty, radically enlightened (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • A Utilitarian Account of Political Obligation.Brian Collins - 2014 - Dissertation, The University of Iowa
    One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Ends of Politics : Kant on Sovereignty, Civil Disobedience and Cosmopolitanism.Formosa Paul - 2014 - In Paul Formosa, Tatiana Patrone & Avery Goldman (eds.), Politics and Teleology in Kant. Cardiff: University of Wales Press. pp. 37-58.
    A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Kant and Dependency Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    ABSTRACT: 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 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   19 citations  
  • The Authority of Us : On the Concept of Legitimacy and the Social Ontology of Authority.Adam Robert Arnold - unknown
    Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Elusive Unity: The General Will in Hobbes and Kant.Katrin Flikschuh - 2012 - Hobbes Studies 25 (1):21-42.
    According to one interpretation of Leviathan, Hobbes sinks the democratic argument in favour of government by representation into his own argument in favour of absolute rule. This paper argues that Kant in turn sinks Hobbes' argument for coercive political authority into Rousseau's construction of the volonté générale . Why does Kant reject Rousseau's argument in favour of popular sovereignty; why does he revert to Hobbes' endorsement of a coercively unifying political authority? The paper examines the different responses given by Hobbes, (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • Deliberate, Principled, Self-Interested Law Breaking: The Ethics of Digital ‘Piracy’.Hugh Breakey - 2018 - Oxford Journal of Legal Studies 38 (4):676-705.
    Download  
     
    Export citation  
     
    Bookmark  
  • Kant on Property Rights and the State.Louis-Philippe Hodgson - 2010 - Kantian Review 15 (1):57-87.
    The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • No Right to Resist? Elise Reimarus's Freedom as a Kantian Response to the Problem of Violent Revolt.Lisa Curtis‐Wendlandt - 2012 - Hypatia 27 (4):755 - 773.
    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 (1791). 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Right and Coercion: Can Kant’s Conception of Right Be Derived From His Moral Theory?Marcus Willaschek - 2009 - International Journal of Philosophical Studies 17 (1):49 – 70.
    Recently, there has been some discussion about the relationship between Kant's conception of right (the sphere of juridical rights and duties) and his moral theory (with the Categorical Imperative as its fundamental norm). In section 1, I briefly survey some recent contributions to this debate and distinguish between two different questions. First, does Kant's moral theory (as developed in the Groundwork and the Critique of Practical Reason ) imply , or validate, a Kantian conception of right (as developed in the (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  • How Does Kant Justify the Universal Objective Validity of the Law of Right?Gerhard Seel - 2009 - International Journal of Philosophical Studies 17 (1):71 – 94.
    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, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Bennett’s Expressive Justification of Punishment.Peter Chau - 2017 - Criminal Law and Philosophy 11 (4):661-679.
    In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • In Defense of Kant’s League of States.Kjartan Koch Mikalsen - 2011 - Law and Philosophy 30 (3):291-317.
    This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - 2018 - Critical Review of International Social and Political Philosophy:1-23.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Legitimacy is Not Authority.Jon Garthoff - 2010 - Law and Philosophy 29 (6):669-694.
    The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • The Limits of the Harm Principle.Hamish Stewart - 2010 - Criminal Law and Philosophy 4 (1):17-35.
    The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  • Harnessing Multidimensional Legitimacy for Codes of Ethics: A Staged Approach.Hugh Breakey - forthcoming - Journal of Business Ethics.
    How can codes of ethics acquire legitimacy—that is, how can they lay down obligations that will be seen by their subjects as morally binding? There are many answers to this question, reflecting the fact that moral agents have a host of different bases on which they may acknowledge code duties as ethically binding—or, alternatively, may reject those duties as morally irrelevant or actively corrupt. Drawing on a wide literature on legitimacy in other practical fields, this paper develops a multidimensional legitimacy (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Constitution of Nondomination.Guido Pincione - 2011 - Social Philosophy and Policy 28 (1):261-289.
    Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules. Central to his position are claims that the dispersion of economic power precludes domination, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • State Coercion and Force.Christopher W. Morris - 2012 - Social Philosophy and Policy 29 (1):28-49.
    Research Articles Christopher W. Morris, Social Philosophy and Policy, FirstView Article.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Legitimacy as Public Willing: Kant on Freedom and the Law.Jakob Huber - 2019 - Ratio Juris 32 (1):102-116.
    Download  
     
    Export citation  
     
    Bookmark  
  • The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law.Ludvig Beckman - 2014 - Ratio Juris 27 (2):252-270.
    Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Freedom and Poverty in the Kantian State.Rafeeq Hasan - 2018 - European Journal of Philosophy 26 (3):911-931.
    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. (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Kant’s Political Philosophy.Kyla Ebels-Duggan - 2012 - Philosophy Compass 7 (12):896-909.
    Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. Since we are obligated to respect each (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • Kant's Non-Voluntarist Conception of Political Obligations: Why Justice is Impossible in the State of Nature.Helga Varden - 2008 - Kantian Review 13 (2):1-45.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   31 citations  
  • Kant on the Hiddenness of God.Eric Watkins - 2009 - Kantian Review 14 (1):81-122.
    Kant's sustained reflections on God have received considerable scholarly attention over the years and rightly so. His provocative criticisms of the three traditional theoretical proofs of the existence of God, and his own positive proof for belief in God's existence on moral grounds, have fully deserved the clarification and analysis that has occurred in these discussions. What I want to focus on, however, is the extent to which Kant's position contains resources sufficient to answer a line of questioning about the (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Political Legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   16 citations  
  • Law and Coercion.Robert C. Hughes - 2013 - Philosophy Compass 8 (3):231-240.
    Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
    Download  
     
    Export citation  
     
    Bookmark   35 citations