Claiming rights against one another is a perfectly familiar phenomenon. We express the elementary thought you cannot do that to me in a variety of ways. And yet, in spite of the perfect familiarity of this phenomenon, the two standard philosophical theories of rights face notorious difficulties in accounting for it. My aim in this paper is to introduce a distinctive, second-personal account of rights. I will call this the independence theory of rights, the view that rights are specifications of (...) a basic right to independence against another. And I will argue that by taking as basic the second-personal thought you cannot do that to me the independence theory best illuminates the basic phenomenon of having rights against one another. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

This paper argues with Kant that the only justifiable basis for a legal system is an innate right to freedom, which is defined as the right to be subject only to universal law and not to the arbitrary choices of others. Since rightful interaction is possible only within public institutional frameworks, we cannot respect one another’s innate right to freedom simply by interacting as virtuous individuals or as just states. In fact, only public authorities can have coercive authority, the rightfulness (...) of which is dependent upon the institutional framework constitutive of them. Of particular interest hesre is the requirement on states to provide public, institutional solutions to problems such as poverty and the failures of economic and financial systems. In addition, I pay special attention to why only the national public authority can establish a monopoly on coercion even though the establishment of a public authority is constitutive also of transnational rightful relations. (shrink)

Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...) boundaries between different states' domains of authority in the natural or intuitive places. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 179-195.

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.

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)