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This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights (...) |
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In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...) |
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The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal (...) |
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In The Struggle for Democracy, Christopher Meckstroth looks at history and context in the development of democratic theory to provide a principled way of sorting out deep conflicts over who has the right to speak for the democratic people. He tests this theory by applying it to contemporary debates over same-sex marriage, military intervention, and gun control. |
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Nationalism is often dismissed today as an irrational political creed with disastrous consequences. Yet most people regard their national identity as a significant aspect of themselves, see themselves as having special obligations to their compatriots, and value their nation's political independence. This book defends these beliefs, and shows that nationality, defined in these terms, serves valuable goals, including social justice, democracy, and the protection of culture. National identities need not be illiberal, and they do not exclude other sources of personal (...) |
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Kant’s brilliant original contributions to political thought cannot be understood without attention to his dynamic concept of provisional right, argues Elisabeth Ellis in this book—the first comprehensive interpretation of Kant’s political theory. Kant’s notion of provisional right applies to existing institutions and practices that are consistent with the possibility of progress. Ellis traces this idea through Kant’s works and demonstrates that the concept of provisional right can be used both to illuminate contemporary theoretical debates and to generate policy implications. In (...) |
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Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority. |
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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. |
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This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers. |
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Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and (...) |
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For the process of extending democracy and the rule of law beyond national borders, German public lawyers have developed the concept of a “constitutionalisation of international law.” Let me first explain this concept (I) and then, in a second part, use some aspects of the present European crisis as an example for identifying one major obstacle on the road that eventually may lead us to a political constitution for a multicultural world society without a world government (II). |
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"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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Margaret Moore offers a comprehensive normative theory of territory. |
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It has been argued that Kant's all-consuming efforts to place autonomy at the center of philosophy have had, in the long-run, the unintended effect of leading to the widespread discrediting of philosophy and of undermining the notion of autonomy itself. The result of this 'Copernican revolution' has seemed to many commentators the de-centring, if not the self-destruction, of the autonomous self. In this major reinterpretation of Kant and the post-Kantian response to his critical philosophy, Karl Ameriks argues that such a (...) |
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Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 160-178. |
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For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from (...) |
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For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from (...) |
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