ABSTRACTDid Kant believe we need a world government? It has been a matter of controversy in Kant scholarship whether Kant endorsed the creation of a world state or merely a voluntary federation of states with no coercive power. I argue that Kant's main concern was with a global juridical condition, which he regarded as a rational requirement given the equal freedom and equality of individuals. However, he recognized that implementing this rational ideal requires sensitivity to contingent aspects of world politics. (...) I will argue that Kant offers an ideal theory not disentangled from realist considerations and that he adopts what I will call methodological realism: the attempt to realize the requirements of Right in a world governed by its own laws and mechanisms. I will illustrate this interpretation with Kant's discussion of the right of nations. The confusion in regard to Kant's actual position on the matter, I will argue, is a direct consequence of Kant's methodological realism. The... (shrink)

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 poor, children, and the impaired). 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 protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state's legitimacy. (shrink)

The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...) offender's intentional disposition as Kant does without knowing it for certain, we further exacerbate the opportunity for misdiagnosis. (shrink)

Kant divides moral duties into duties of virtue and duties of justice. Duties of virtue are imperfect duties, the fulfillment of which is left to agent discretion and so cannot be externally demanded of one. Duties of justice, while perfect, seem to be restricted to negative duties (of nondeception and noncoercion). It may seem then that Kant's moral philosophy cannot meet the demands of global justice. I argue, however, that Kantian justice when applied to the social and historical realities of (...) the world can generate positive duties to promote and provide for the well being of others. (shrink)

An existential interpretation of student angst in Chinese universities raises issues of autonomy and freedom. The governance arrangements in China create a conflict for Chinese students who in their coursework are urged to become critical-minded and open-minded. In this essay, Kant’s moral theory provides access to this phenomenon. His theory of duty–rationality–autonomy–freedom relates the liberty of thought to principled action. Kantian ideals still influence western business and university practice and they become relevant in China as that country modernises. The abilities (...) of graduates which officials say the country needs—insightfulness, creativity, innovation, progressiveness and commitment—are only achievable by professionals who are independent minded, rational and who commit to act on their own conclusions. Such people are Kant’s autonomous persons. Chinese students increasingly confront a conflicted educational environment. Universities require students to think, analyse and argue. An outcome of this deliberation is freedom, as construed by Kant as an ‘inner’construct. When students are unable to exercise Kantian freedom in matters which concern them they experience the angst of freedom. Students may carry a burden derived from bridles on information and authoritarian restrictions on dialogue. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

We often make a distinction between what we owe as a matter of repayment, and what we give or offer out of charity. But how shall we describe our obligations to fellow citizens when we are in a position to be charitable because of a past injustice on the part of the state? This essay examines the moral implications of past injustice by considering Immanuel Kant's remarks on this phenomenon in his lectures and writings. In particular, it discusses the role (...) of the state and the individual in addressing the problem. (shrink)

Notre intention dans cet article est de montrer qu’il existe deux versions différentes du souverain bien politique chez Kant et de déterminer laquelle est la plus cohérente avec l’ensemble de sa philosophie pratique. Ayant d’abord soutenu une version forte et étatique du Völkerbund conçu comme un Völkerstadt, Kant s’en éloigne progressivement jusqu’à soutenir une version non étatique de l’ordre juridique et politique international sous la forme d’une association d’États libres. Les arguments d’ordre moral avancés par Kant pour soutenir cette nouvelle (...) version de la Société des Nations ne sont rationnellement acceptables que si nous convenons qu’il a désormais abandonné l’analogie individu / État qui se trouvait pourtant à la base de l’argumentation visant à rendre nécessaire l’institution d’un ordre international. La faillite de l’analogie individu / État annonce que le modèle vers lequel doit s’orienter l’ordre politique international n’est pas l’État de droit coercitif et légal, mais l’idéal de la communauté éthique qui repose sur l’autonomie et l’intention morale des États.The purpose of this article is to determine which of the two representations of the highest political good in Kant’s philosophy is the more consistent with his whole practical philosophy. After having defended a strong version of the highest politicaI good, in which the Völkerbund was more like a Völkerstadt, Kant went on to affirm a non-state version of the international political and juridical order, now conceived as an association of free states. The arguments Kant proposes to ground his new conception of the international political order cannot be very convincing unless we admit that he has definitively abandoned the earlier analogy he made between the individual and the state. The collapsing of this analogy, which he had first proposed in order to justify a legalization of the international political order, shows that the model he has in mind for the highest political good is not the power of the national state but the ideal of an ethical commonwealth which relies only on the autonomy and the moral intentions of the states. (shrink)

While there are many points of opposition between the political philosophies of Marx and Kant, the two can greatly benefit from one another in various ways. Bringing the ideas of Marx and Kant together offers a promising way forward for each view. Most significantly, a powerful critique of capitalism can be developed from their combined thought: Kant’s political philosophy offers a robust idea of freedom to ground this critique, while Marx provides the nuanced understanding of social and political power structures (...) under capitalism that allows this idea of freedom to be properly applied. (shrink)

This paper concentrates on the way Kant's distinction between duties of right and duties of virtue operates at the interstate level. I argue that his Right of Nations (V ölkerrecht) can be interpreted as a duty to establish a kind of interstate distributive justice (that is, as a duty to secure states in their independence and territorial possessions), which is called for to secure domestic distributive justice and to protect individuals' freedom and private property. Or at least this is 'ideal (...) theory' for, as I specify, this cosmopolitan linkage is compromised by Kant's endeavour to accomodate the existence of non-republican states. (shrink)

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity (...) has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (shrink)

Theories of global justice range from the utilitarian philosophy of Peter Singer to the institutional design arguments of Thomas Pogge. These works have grappled with a wide range of issues, but almost all of them have been driven by the recognition of two core problems: the huge numbers of people mired in poverty and the increasing levels of inequality. Much of this literature begins with these two problems and then proposes schemes to resolve them. This problem-solving approach to the issue (...) of global poverty and inequality has tended to avoid engagements with figures in the history of political thought. One thinker who has certainly inspired much of this literature, either explicitly or implicitly, is Immanuel Kant. With his rigorous method, systemic structure of metaphysics and morality, and celebration of Enlightenment reason over staid authority structures, Kant presents a model for how to undertake rational arguments in response to moral dilemmas. (shrink)

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 (...) ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free. (shrink)

I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate (...) a condition in which the authority to make such claims can no longer be unilaterally determined. (shrink)

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. (...) Yet Kant endows the freedom-based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom-threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto-School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice-making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment. (shrink)

Charles Taylor begins his essay “Kant's Theory of Freedom” by stating that in the last three centuries people have sought recognition, equality and justice as corollaries of “liberation”. The process, he says, “has been punctuated, and partly shaped, by paradigm statements by major thinkers …. Among these statements, Kant's has been very important. It marked a crucial step on the way.” Similar sentiments are expressed by Hayek, Rawls and others.

Calling Kant a liberal philosopher requires important qualifications. Much like his theoretical philosophy, his political transcendentalism was and remains a great enterprise of navigating between the extremes of liberalism and conservatism, of balancing the “empirical” and the “pure” in human society, as well as in human mind. Of all the attempts to enlist Kant among the classics of liberalism, John Rawls’ is the most impressive and thorough. However, it is hardly a success. The reason for this lies in a profound (...) difference in their answering the fundamental question “What is Man?”. This paper is an attempt to revise the debate about the extent of Rawls’ Kantianism and to compare the meanings of basic concepts of what could be called “pure political anthropology” in Kant and in Rawls. (shrink)

The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents a thought-provoking alternative (...) to the picture of marriage found in the modern law. (shrink)

Although Kant defends a cosmopolitan ideal, his philosophy is problematically vague regarding how to achieve it, which lends support to the empty formalism charge. How Kant would respond to the crisis in Syria reveals that judgement plays too central a role, because Kantian principles lead to equally reasonable but opposite conclusions on how to weigh the duty of hospitality to refugees against a state’s duty to its own citizens, the right of prevention towards ISIS against the duty not to harm (...) non-combatants, and the responsibility to protect the people of Syria against the duty of non-interference in its internal affairs. (shrink)

El objetivo de este trabajo es examinar el modo en que Kant concibe la relación entre el derecho político, el derecho de gentes y el derecho cosmopolita, en dos de sus textos de madurez: Hacia la paz perpetua y La metafísica de las costumbre s. El análisis de esta cuestión no solo permite esclarecer principios fundamentales de su filosofía jurídico-política, sino que aporta además nociones relevantes para la actual discusión acerca de los derechos humanos, el cosmopolitismo y el derecho internacional; (...) temáticas que posicionan a Kant como uno de los autores modernos de mayor presencia en el marco del debate filosófico contemporáneo. En primer lugar, examinaré la posición asumida por el filósofo con respecto al intervencionismo, que resulta especialmente relevante para comprender la relación entre el derecho político y el derecho de gentes, ya que obliga a pensar el alcance y los límites del principio de soberanía estatal. En segundo lugar, haré referencia al modo en que este autor concibe la conexión entre el republicanismo y la institución de una comunidad jurídica internacional, e intentaré mostrar que se trata aquí de fines independientes —y a la vez, vinculados— a los que debemos aproximarnos en un proceso de perfeccionamiento gradual de las instituciones jurídicas. (shrink)

Durante décadas, los teóricos interesados en la discusión de Kant sobre el bienestar han estudiado la postura de Kant sobre la cuestión de la redistribución de bienes en la sociedad. Lo han hecho tanto para aclarar su postura como para una fuente de inspiración para problemas conceptuales actuales, frente a filósofos políticos contemporáneos que intentan reconciliar el ideal de la libertad igualitaria con la necesaria interferencia asimétrica para la redistribución y la provisión social. En este artículo, comienzo por la breve (...) discusión kantiana sobre el estado del bienestar en la Doctrina del derecho e identifico cuatro premisas que Kant afirmó con claridad como características de su postura. Posteriormente, propongo las cinco vías interpretativas principales en la interpretación de la obra de Kant, las evalúo y las ordeno. La interpretación más acertada de la justificación kantiana del bienestar, que llamo la postura “genuinamente kantiana” no llega a explicar, sin embargo, la naturaleza del deber del bienestar que propone. Propongo una solución, retrotrayéndome en los textos kantianos, que unida a otras consideraciones y cuestiones, se puede entender como el punto de partida de una nueva vía de interpretar este tema. (shrink)

Kant has recently been hailed as a radical precursor to contemporary feminism, yet one can easily find a deep-seated conservative misogyny in what Kant actually wrote about women. For instance, marriage automatically makes the wife the servant of her husband, and Kant automatically excludes women from active citizenship. One of my aims here is to –as much as is possible– make sense of the tension between the focus on equality, universality, respect for persons and autonomy in Kant’s overall philosophy, and (...) his endorsement of rather misogynistic 18th century Prussian views on women’s place in the family and in society. I contrast others’ attempts to explain this tension, with an alternative: that his particular conclusions result from a metaphysical picture of humankind’s place in the natural world. His deriving these conclusions about women from the Moral Law and the Laws of Nature, becomes somewhat understandable. The question arises, however, as to whether Kant is actively defending his culture’s mores and laws regarding women, or unthinkingly endorsing them. The rather devious logical tactics I show Kant to employ in making these derivations, suggest that Kant is force-fitting these conclusions about women to premises involving the Moral Law and the Laws of Nature, rather than drawing the conclusions that would naturally flow from such premises. Thus we can safely ignore his particular pronouncements about women, while not necessarily rejecting their foundation and its support for certain aspects of feminist thought, since these conclusions should not be drawn from that Kantian foundation. (shrink)

This thesis argues for the continuing possibility of Adorno set against the backdrop of a post-modern proliferation of affects. A major theoretical contention is the concept of the subject: a sticking point within philosophy. The thesis takes this up and offers a new pathway without falling into the cliché of a renewal of Adorno’s position. Drawing on Adorno’s theoretical thoughts on the subject the thesis contends that the subject is that which by turns dissolves all eventualities or more proportionally acts (...) like a place-holder for the newly emerging: structures that cannot be explained by recourse to the laws that govern its parts. These experiential structures present a surface, resistance, or solidarity that upon closer examination dissolve back into the ephemeral. Although such structures are profligate and prolific, the thesis adopts as its major concern artworks and aesthetics. Following Adorno, a claim is made for artworks that present open-ended possibilities. They are able for example to critically challenge the dominant hegemony the profundity that all too easily sides with the oppressors of life. What philosophy, a critical tool in furtherance of the good life, a concept restaged, here takes from art is not a sense of equivalence, art and philosophy are held apart in a creative and critical tension, but the sense of yearning that animates the nonconceptual side of art which the concept negates. The yearning, being experiential, is always embodied. Its fulfilment negates the immediacies, the mere appearance of life, particularly in its systematically reflexive form. The conclusion concurs with Adorno in the thought that affinity with the object is achieved not as the resultant of identity thinking, but through the act of definite negation of identifying schema. (shrink)