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)

Rechtsphilosophie der Aufklärung: Symposium Wolfenbüttel 1981.

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of (...) human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

Written for the general reader and the student of moral philosophy, this book provides a clear and unified treatment of Kant's theory of morals. Bruce Aune takes into account all of Kant's principal writings on morality and presents them in a contemporary idiom. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books (...) while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

This new translation of the first Critique forms part of a fifteen-volume English-language edition of the works of Immanuel Kant under the general editorship of this volume’s editor-translators, Paul Guyer and Allen Wood. The edition, which is almost complete by now, comprises all of Kant’s published works along with extensive selections from his literary remains, his correspondence, and student transcripts of his lecture courses in metaphysics, ethics, logic, and anthropology. The Cambridge edition aims at a consistent English rendition of Kant’s (...) works, both within a given volume and across volumes. In terms of scope and detail, the Cambridge edition is unrivaled in any language, except for the authoritative Academy edition begun under the directorship of Wilhelm Dilthey in 1900, which, however, is still not completed and several volumes of which are in serious need of re-editing. In one case, that of the Opus postumum, the best edition currently available seems to be the one in the Cambridge edition. (shrink)

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio-temporal movement and a form of noumenal or 'intelligible' freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical 'anthropological' information in constructing a (...) Doctrine of Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio-temporality, dependence on positive law, intelligibility (or 'noumenality'), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions. (shrink)

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio‐temporal movement and a form of noumenal or ‘intelligible’freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical ‘anthropological’information in constructing a Doctrine of (...) Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio‐temporality, dependence on positive law, intelligibility (or ‘noumenality’), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions. (shrink)

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempts to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a "constructivist" vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, autonomy and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasizes differences between Kant's ethics and recent "Kantian" ethics, including the work of John Rawls and other contemporary liberal political philosophers. (shrink)

This book marks a total departure from previous studies of the Boxer War. It evaluates the way the war was perceived and portrayed at the time by the mass media. As such the book offers insights to a wider audience than that of sinologists or Chinese historians. The important distinction made by the author is between image makers and eyewitnesses. Whole categories of powerful image makers, both Chinese and foreign, never saw anything of the Boxer War but were responsible for (...) disseminating images of that war to millions of people in China and throughout the world. (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)

Several philosophers offer explanations of linguistic vagueness by appealing to the referential context-dependence of vague terms. Timothy Williamson argues pre-emptively that any such approach must fail, on the grounds that context-dependence is neither necessary nor sufficient for vagueness. He supports this claim, in turn, by example. This paper argues that his examples fail to show that context-dependence is either unnecessary or insufficient for vagueness, and hence that he has failed by his own lights to show that it cannot explain vagueness.

Theodore Sider’s Four-Dimensionalism is a well-organized and clearly written book that is chock-full of important arguments. Both friends and foes of the views defended by Sider will benefit enormously from careful study of the book. I am going to focus on just two of Sider’s many arguments for Four-Dimensionalism: his argument from vagueness, which I take to be the most important and powerful argument in the book, and his argument from time travel, which I find to be the funnest to (...) think about. (shrink)

Towards the end of Chapter XXI of Book II of the Essay Concerning Human Understanding, Locke remarks, with all the appearance of sincerity and genuine modesty, that.

Kant’s moral theory is sometimes thought to mandate public welfare provision on grounds of beneficence or Kant’s commitment to freedom. However, at no point does Kant argue for welfare in these ways. Instead, the rationale he offers is that public welfare provision is instrumentally necessary for the security and the stability of the state. I argue that this is no oversight on Kant’s part. I consider plausible alternative arguments for public welfare provision, and show why Kant does not espouse them. (...) I conclude that the only viable Kantian justification for welfare is just the one Kant gives. (shrink)

The first half of this book consists of Michael Friedman’s Kant Lectures in essentially the form in which they were delivered at Stanford University in 1999. In the second half, “Fruits of Discussion,” Friedman elaborates, refines, and defends the central ideas of these lectures. Taken together, these halves form an eminently readable, slim, yet rich and ambitious volume. It proves our fullest account to date not only of Friedman’s neo-Kantian, historicized, dynamical conception of relativized a priori principles of mathematics and (...) physics, but also of the pivotal role that Friedman sees philosophy as playing in making scientific revolutions rational. (shrink)

In Kant and Modern Political Philosophy, Katrin Flikschuh pursues two main aims. She tries to show that Kant’s theory of Right [Recht] is grounded in Kantian metaphysics. For example, we do not really understand Kant’s thought on property rights and cosmopolitanism unless we have in view its metaphysical underpinnings. Second, Flikschuh attempts to demonstrate the relevance of Kant’s theory of Right, especially as it is presented in Kant’s notoriously difficult Rechtslehre, to contemporary political concerns. In pursuing these aims she brings (...) to bear wide-ranging knowledge of scholarly work on Kant’s political and legal thought. (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)

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)

Descartes’ demon is a crafty little devil. Despite centuries of effort by exceedingly clever thinkers, he continues to elude our clutches. Skepticism endures. The reason, Richard Foley thinks, is not hard to discover. It is simply impossible to break through the Cartesian circle. Our only means of vindicating a claim to knowledge or rational belief is to show that it is produced or sustained by our best epistemic methods, that it satisfies the best standards we can devise for rational belief. (...) That it does so is clearly better than the alternative. But the standards and methods themselves are vulnerable. How do we know that they are reliable? The point, as we all realized in Philosophy 101, is that there is no ironclad guarantee. Even if Descartes had managed to generate an unexceptionable proof that God exists and is not a deceiver, the question would arise: What insures that what we consider an unexceptionable proof actually demonstrates the truth of the conclusion? Raising our standards or improving our methods of proof will not get us out of our predicament. For no matter how high we raise our standards, the question recurs. We cannot prove that our perceptions, memories, inferences or opinions are reliable. The Cartesian circle is the epistemic circle. (shrink)

We are confronted by a metaphysical problem and discover, to our dismay, that standard proposals for its resolution have strongly counterintuitive corollaries. That naturally encourages consideration of previously overlooked or neglected ways out of the problem. As it turns out, one of these unorthodox proposals has a leg up on the various standard ways out of our problem. Metaphysical progress.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is (...) free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 301-312 [Access article in PDF] Kant on Property: The Problem of Permissive Law Brian Tierney In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance for understanding (...) the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literature. 1 Since then others have taken up the theme, but it remains relatively neglected in the vast modern literature on Kant. In the work of Brandt and in some other recent explorations of this question a primary concern has been to relate Kant's doctrine to other aspects of his critical theory. Brandt himself, for instance, compared the "provisional" and "peremptory" rights mentioned in the Doctrine of Right with the "problematic" and "assertoric" judgments of the Critique of Pure Reason. The problem that I want to consider is rather different. In the following study I want to consider primarily the internal structure of the Doctrine of Right and specifically to ask whether Kant's appeal to permissive natural law served a constructive purpose in the theory of property that he presented in that work or whether it was perhaps subversive of the argument that he developed. 2 This will require [End Page 301] some discussion of the other usages of the idea of permissive law that we find scattered in Kant's later writings. In pursuing such an inquiry we encounter various difficulties and apparent anomalies in Kant's teaching. I want finally to suggest that we might understand those difficulties better if we were to situate Kant's work in a broader historical context than those that have previously been considered, bearing in mind that the concept of permissive natural law had been discussed by jurists and political philosophers for several centuries before Kant took up the argument. Kant on Property When approaching Kant's Doctrine of Right it may be salutary to recall a remark of Mary Gregor, the translator of the work and a sympathetic reader of it. "Kant has never been accused of underestimating his readers," Gregor wrote, "but he seldom treats them so harshly." 3 The difficulty of the work is compounded by the fact that the text as we have it is apparently in a mutilated condition, with some passages transposed from their original contexts. Any reading of such a text will be open to dispute; but it seems necessary to attempt at least an outline of Kant's doctrine and to mention some of its complexities if we are to understand the function of permissive natural law in the argument presented.Kant's purpose was to formulate a doctrine of property based on reason alone, a doctrine in which "abstraction is made from all spatial and temporal conditions." 4 The principles he deduced were intended to apply to anyone "merely because and insofar as he is free and has practical reason." 5 The whole subsequent argument revolved around these concepts of practical reason and human freedom. Kant began by presenting some basic propositions and definitions. Obligation, he wrote, was "the necessity of a free action under a categorical imperative of reason." And an action was permitted or licit when it was not contrary to obligation. This freedom of action was called a moral faculty (facultas moralis). 6 According to Kant, the only innate right inhering in all persons was a right to freedom (defined as "independence from being coerced by another's [End Page 302] choice") insofar as this freedom could coexist with the freedom of all others. 7 A corresponding universal law of Right established the rule: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone in accordance with a universal law." 8External laws imposed by another evidently did hinder one's freedom. Kant therefore held that a person was... (shrink)

This piece presents an account of Kant's notion of provisional right and connects this conception to his defence of two principles of publicity. The argument is to the effect that understanding the notion of provisional right will enable us to comprehend the Kantian picture of the state of nature, the basis of the transition from such a state to the civil condition and also his treatment of international right. The paper also presents the sketch of a Kantian theory of normatively (...) justified institutions. (shrink)

This piece presents an account of Kant's notion of provisional right and connects this conception to his defence of two principles of publicity. The argument is to the effect that understanding the notion of provisional right will enable us to comprehend the Kantian picture of the state of nature, the basis of the transition from such a state to the civil condition and also his treatment of international right. The paper also presents the sketch of a Kantian theory of normatively (...) justified institutions. (shrink)

Full-text of this article is not available in this e-prints service. This article was originally published following peer-review in British Journal for the History of Philosophy, published by and copyright Routledge.

British Journal for the History of Philosophy, Volume 19, Issue 3, Page 549-560, May 2011.

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempt to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a `constructivist' vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, automony and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasises differences between Kant's ethics and recent 'Kantian' ethics, including the work of John Rawls and other contemporary liberal political philosophers. This reassessment will add significantly to the understanding of Kantian practical philosophy. (shrink)

A fully revised edition of Brudner's classic account of the foundational structures and rationale of private law. Brudner proposes a radical unification of formalist and functionalist understandings of the law. In doing so, he rethinks the foundations of tort, contract, property and unjust enrichment as a unity of private and public law.

Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

In this updated edition of his outstanding introduction to Kant, Paul Guyer uses Kant’s central conception of autonomy as the key to his thought. Beginning with a helpful overview of Kant’s life and times, Guyer introduces Kant’s metaphysics and epistemology, carefully explaining his arguments about the nature of space, time and experience in his most influential but difficult work, _The Critique of Pure Reason_. He offers an explanation and critique of Kant’s famous theory of transcendental idealism and shows how much (...) of Kant’s philosophy is independent of this controversial doctrine. He then examines Kant’s moral philosophy, his celebrated ‘categorical imperative’ and his theories of duty, freedom of will and political rights. This section of the work has been substantially revised to clarify the relation between Kant’s conceptions of "internal" and "external" freedom. In his treatments of Kant’s aesthetics and teleology, Guyer focuses on their relation to human freedom and happiness. Finally, he considers Kant’s view that the development of human autonomy is the only goal that we can conceive for both natural and human history. Including a chronology, glossary, chapter summaries and up-to-date further reading, _Kant, second edition _is an ideal introduction to this demanding yet pivotal figure in the history of philosophy, and essential reading for all students of philosophy. (shrink)

In this book Katrin Flikschuh examines the relevance of Kant's political thought to major issues and problems in contemporary political philosophy. She advances and defends two principal claims: that Kant's philosophy of Right endorses the role of metaphysics in political thinking, in contrast to its generally hostile reception in the field today, and that his account of political obligation is cosmopolitan in its inception, assigning priority to the global rather than the domestic context. She shows how Kant's metaphysics of freedom (...) as a shared idea of practical reason underlies the cosmopolitan scope of his theory of justice, and she concludes that despite the revival of 'Kantianism' in contemporary thinking, his account of justice is in many respects very different from dominant approaches in contemporary liberal theory. Her study will be of interest to political philosophers, political theorists, and historians of ideas. (shrink)

IN THE GROUNDWORK OF THE METAPHYSICS OF MORALS Kant noted that, while the present work would be concerned only with the supreme principle of morality, he intended some day to write a "metaphysics of morals" in which he would set forth the whole system of man's duties derived from this principle. Twelve years later, in 1797, he published The Metaphysics of Morals in two parts: Metaphysical First Principles of the Doctrine of Right and Metaphysical First Principles of the Doctrine of (...) Virtue. As the Groundwork made clear, the concept of duty contains that of constraint upon an agent who, because of impulses belonging to his sensible nature, does not necessarily do whatever is objectively necessary in accordance with moral laws. The first part of The Metaphysics of Morals is the system of moral principles on which are based laws prescribing duties that one can be coerced to fulfill. The second part is the system of duties for which only self-constraint through the thought of duty is possible. Each part is said to be a system of duties because it is derived from a first principle and remains on the level of principles that can be known a priori to be binding on men generally. Together they form the whole system of man's duties because the first principle of each is derived from the supreme principle of morality, the categorical imperative and the division in terms of coercion and self-constraint is exhaustive. (shrink)