This article evaluates the theory of boundary legitimacy put forward in A John Simmons’s recent book Boundaries of Authority. I believe Simmons is correct to hold that questions about the legitimac...

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.

Kant’s theory of international politics and his right of hospitality are commonly associated with expansive projects of securing human rights or cosmopolitan governance beyond state borders. This article shows how this view misunderstands Kant’s criticism of the law of nations tradition as handed down into the eighteenth century as well as the logic of his radical alternative, which was designed to explain the conditions of possibility of global peace as a solution to the Hobbesian problem of a war of all (...) against all in the state of nature. I resolve longstanding confusion over the meaning and justification of Kant’s right of “hospitality” by showing how it functions not as a freestanding positive claim demanding enforcement but as a way of ruling out specious justifications for war against those the traditional law of nations permitted one to label “enemies.” This poses important questions for contemporary theories of global justice. (shrink)

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the possession of a (...) certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of su... (shrink)

The paper provides a systematic account of Kant’s ‘right to be somewhere’ as introduced in the Doctrine of Right. My claim is that Kant’s concern with the concurrent existence of a plurality of corporeal agents on the earth’s surface occupies a rarely appreciated conceptual space in his mature political philosophy. In grounding a particular kind of moral relation that is ‘external’ but not property-mediated, it provides us with a fundamentally new perspective on Kant’s cosmopolitanism, which I construe as a cosmopolitanism (...) for ‘earth dwellers’. (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)

I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate (...) a condition in which the authority to make such claims can no longer be unilaterally determined. (shrink)