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)

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)

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.

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of Kant's view of justice, of the structure (...) of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...) their target. Kant does advocate the establishment of a non-coercive league of states, at least in his mature political writings (such as Perpetual Peace and the Metaphysics of Morals), but he does so for different reasons than is usually thought and without rejecting the ideal that a world federation of states eventually be realized. I end by indicating how Kant’s revised view can be made productive for present-day philosophical purposes. (shrink)

This innovative study focuses on the Kantian theory of international relations, a subject which has frequently been either ignored or misunderstood. Kant was criticized by contemporaries who asserted that his political ideas were idealistic and impractical. He countered this accusation by evolving a political philosophy which formed a link between the theoretical doctrine of pure law and the actualities of the real world. The author argues that Kant’s theory of international relations can be read as an attempt to bring reason (...) and history together. Kant tries to apply the a priori principles of reason to history in general, and to the political conditions of the late eighteenth century in particular, and this volume examines the way in which he attempts to mediate between theory and practice. In this stimulating and lucid work, Cavallar provides one of the first comprehensive examinations in English of Kant’s theory of international right. (shrink)

This study looks at the relationship between the two thinkers and demonstrates the viable alternative to Hobbes' orthodoxy that can be found in Kant's political writings. It also shows how Kant anticipated the development of a world-wide political order.

In 1795 Immanuel Kant published an essay entitled "Toward Perpetual Peace: A Philosophical Sketch." The immediate occasion for the essay was the March 1795 signing of the Treaty of Basel by Prussia and revolutionary France, which Kant condemned as only "the suspension of hostilities, not a peace." In the essay, Kant argues that it is humankind's immediate duty to solve the problem of violence and enter into the cosmopolitan ideal of a universal community of all peoples governed by the rule (...) of law.The essay's two-hundredth anniversary, 1995, also marked the fiftieth anniversary of the end of World War II and of the establishment of the Charter of the United Nations. The essays in this volume were written for a conference held in Frankfurt in May 1995 to commemorate these three anniversaries. Together, the authors argue for the continued theoretical and practical relevance of the cosmopolitan ideals of Kant's essay. They also show that history has both confirmed and outstripped Kant's prognoses. As recent events have shown, we certainly have not emerged from the violence of the state of nature. Accelerating globalization also gives these reconstructions and reappraisals of Kant's cosmopolitan ideal a new urgency.Contributors : Karl-Otto Apel, Kenneth Baynes, James Bohman, Jürgen Habermas, David Held, Axel Honneth, Matthias Lutz-Bachmann, Thomas McCarthy, Martha Nussbaum. (shrink)

Liberty is an expanded edition of Isaiah Berlin's classic of liberalism, Four Essays on Liberty. Berlin's editor Henry Hardy has incorporated a fifth essay, as Berlin wished, and added further pieces on the same topic, so that Berlin's principal statements on liberty are available together for the first time. He also describes the gestation of the book and throws further biographical light on Berlin's preoccupation with liberty in appendices drawn from his unpublished writings.

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...) eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

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 here 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)

There are few ideas as important to the history of modern democracy as that of the nation as a political community. And yet, by comparison to its companion idea of political community as based upon the agreement of free and equal individuals, it remained until recently a marginal concern of liberal political theory. The aftermath of decolonization and the breakup of the Soviet empire, among other things, has changed that and brought it finally to the center of theoretical attention. And (...) once there, the deep-seated tensions in theory between nationalism and liberalism have proved to be as hard to overlook as their all too familiar tensions in practice. (shrink)