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  1. Realizing Freedom as Non-domination: Political Obligation in Kant’s Doctrine of Right.Robert Patrick Whelan - 2021 - Res Publica 28 (1):85-101.
    Prominent Kantian scholars, such as Korsgaard and Waldron, claim that the very existence of juridical-political institutions is sufficient to render laws authoritative. Critics argue that this view is unpersuasive as it requires subjects to obey grossly unjust laws. Here, I identify two problems facing scholars who reject the absolutist view of political authority proffered by Korsgaard and Waldron. First, when there is reasonable disagreement regarding a law’s legitimacy the Principle of Right generates contradictory obligations as it commands both disobedience and (...)
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  • A Kantian Critique of the Care Tradition: Family Law and Systemic Justice.Helga Varden - 2012 - Kantian Review 17 (2):327-356.
    Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...)
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  • 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 (...)
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  • Patriotism, Peace and Poverty: Reply to Bernstein and Varden.Pauline Kleingeld - 2014 - Kantian Review 19 (2):267-284.
    In this essay I reply to Alyssa Bernstein and Helga Varden's comments on my book, Kant and Cosmopolitanism. In response to Bernstein, I argue that Kant's opposition to the coercive incorporation of states into an international federation should be interpreted as permitting no exceptions. In response to Varden, I clarify Kant's conception and defence of patriotism as a duty, and I show how Kantian cosmopolitans can rebut Bernard Williams's objection. I also explicate why, given a specific feature of Kant's defence (...)
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  • 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. (...)
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  • Kant’s Hylomorphic Formulation of Right and the Necessity of the State.Michael Gregory - 2023 - Kant Studien 114 (3):539-564.
    This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a syllogistic deduction from (...)
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  • Does the Kantian state dominate?: Freedom and majoritarian rule.Mike Gregory - 2023 - Ratio 36 (2):124-136.
    Recently, scholars have criticized what they call the “Kantian-Republican” thesis of freedom as non-domination. The main complaint is that domination is unavoidable. This concern can be separated into the problem of state domination, which suggests that the state's intervening powers necessarily dominate its citizens, and the problem of majority domination, which suggests that the People necessarily dominate individual citizen as a result of the potential to form dominating majorities.
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  • 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 (...)
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  • 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 (...)
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  • Pobreza y propiedad. ¿Cara y cruz de la misma moneda? Una lectura desde el republicanismo kantiano.María Julia Bertomeu - 2017 - Isegoría 57:477.
    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 (...)
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