This lecture insisted upon negative liberty as the political complement to the human capacity for free choice, and made matching metaphysical claims: the nature of being, and especially the conflicts amongst values, were inconsistent with totalitarian claims. Berlin, arguing along this line, provided an account of the perversion of positive liberty into a warrant for such claims, discussed nationalism, and emphasized the value‐pluralism, now linked so frequently with his name.

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)

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.

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)

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.

Abstract:While self-determination is a cardinal principle of international law, its meaning is often obscure. Yet international law clearly recognizes decolonization as a central application of the principle. Most ordinary people also agree that the liberation of colonial peoples was a moral triumph. This essay examines three philosophical theories of self-determination’s value, and asks which one best captures the reasons why decolonization was morally required. The instrumentalist theory holds that decolonization was required because subject peoples were unjustly governed, the democratic view (...) holds that decolonization was required because subject peoples lacked democratic representation, and the associative view holds that decolonization was required because subject peoples were unable to affirm the political institutions their colonial rulers imposed on them. I argue that the associative view is superior to competing accounts, because it better reflects individuals’ “maker” interests in participating in shared political projects that they value. The essay further shows that if we accept the associative view, self-determination is not a sui generis value that applies to decolonization alone. Ultimately, our intuitions about decolonization can be justified only by invoking an interest on the part of persistently alienated groups in redrawing political boundaries. The same interest may justify self-determination in additional cases, such as autonomy for indigenous peoples, or greater independence for Scotland or Quebec. (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.

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)