Why do American ghettos persist? Decades after Moynihan’s report on the black family and the Kerner Commission’s investigations of urban disorders, deeply disadvantaged black communities remain a disturbing reality. Scholars and commentators today often identify some factor―such as single motherhood, joblessness, or violent street crime―as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor (...) as moral agents responding to injustice. (shrink)

What are our responsibilities in the face of injustice? How far should we go to fight it? Many would argue that as long as a state is nearly just, citizens have a moral duty to obey the law. Proponents of civil disobedience generally hold that, given this moral duty, a person needs a solid justification to break the law. But activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times (...) when, rather than having a duty to obey the law, we have a duty to disobey it. -/- Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice. We must expand political obligation to include a duty to resist unjust laws and social conditions even in legitimate states. -/- For Delmas, this duty to resist demands principled disobedience, and such disobedience need not always be civil. At times, covert, violent, evasive, or offensive acts of lawbreaking can be justified, even required. Delmas defends the viability and necessity of illegal assistance to undocumented migrants, leaks of classified information, distributed denial-of-service (DDoS) attacks, sabotage, armed self-defense, guerrilla art, and other modes of resistance. There are limits: principle alone does not justify law breaking. But uncivil disobedience can sometimes be not only permissible but required in the effort to resist injustice. (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.

Philosophy &Public Affairs, Volume 46, Issue 4, Page 384-418, Fall 2018.

This is the first English translation of all of Kant's writings on moral and political philosophy collected in a single volume. No other collection competes with the comprehensiveness of this one. As well as Kant's most famous moral and political writings, the Groundwork to the Metaphysics of Morals, the Critique of Practical Reason, the Metaphysics of Morals, and Toward Perpetual Peace, the volume includes shorter essays and reviews, some of which have never been translated before. The volume has been furnished (...) with a substantial editorial apparatus including translator's introductions and explanatory notes to each text by Mary Gregor, and a general introduction to Kant's moral and political philosophy by Allen Wood. There is also an English-German and German-English glossary of key terms. (shrink)

Respect, Pluralism, and Justice is a series of essays which sketches a broadly Kantian framework for moral deliberation, and then uses it to address important social and political issues. Hill shows how Kantian theory can be developed to deal with questions about cultural diversity, punishment, political violence, responsibility for the consequences of wrongdoing, and state coercion in a pluralistic society.

Rejecting Kant''s absolute opposition to revolution, I propose a modified Kantian perspective for reflecting on political violence, drawing from Kant''s basic ideas but abandoning some dubious assumptions. Developing suggestions in earlier papers, the essay sketches a model for moral legislation that combines the core ideas of each of Kant''s formulas of the Categorical Imperative. Though only a framework for deliberation, not a complete decision procedure, this excludes extremist positions, prohibitive and permissive, about political violence. Despite Kant''s hopes, the values implicit (...) in his fundamental principle fail to support easy, inflexible solutions; but they place strong presumptions against lawless coercion and killing, undermining social order, treating persons as dispensable, underestimating options, arrogant faith in one''s own judgment, and reckless simplicity in political thinking. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

The essays in this volume offer an approach to the history of moral and political philosophy that takes its inspiration from John Rawls. All the contributors are philosophers who have studied with Rawls and they offer this collection in his honour. The distinctive feature of this approach is to address substantive normative questions in moral and political philosophy through an analysis of the texts and theories of major figures in the history of the subject: Aristotle, Hobbes, Hume, Rousseau, Kant and (...) Marx. By reconstructing the core of these theories in a way that is informed by contemporary theoretical concerns, the contributors show how the history of the subject is a resource for understanding present and perennial problems in moral and political philosophy. This outstanding collection will be of particular interest to historians of moral and political philosophy, historians of ideas, and political scientists. (shrink)

The Kantian account of political authority holds that the state is a necessary and sufficient condition of our freedom. We cannot be free outside the state, Kantians argue, because any attempt to have the ‘acquired rights’ necessary for our freedom implicates us in objectionable relations of dependence on private judgment. Only in the state can this problem be overcome. But it is not clear how mere institutions could make the necessary difference, and contemporary Kantians have not offered compelling explanations. I (...) present a detailed analysis of the problems Kantians identify with the state of nature and the objections they face in claiming that the state overcomes them. I then sketch a response on behalf of Kantians. The key idea is that only under state institutions can a person can make claims of acquired right without presupposing that she is by nature exceptional in her capacity to bind others. (shrink)