The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

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.

Introduction -- Part 1. The nature of order in world politics: the concept of order in world politics; does order exist in world politics?; how is order maintained in world politics?; order versus justice in world politics -- Part 2. Order in the contemporary international system: the balance of power and international order; international law and international order; diplomacy and international order; war and international order; the great powers and international order -- Part 3. Alternative paths to world order: alternatives (...) to the contemporary states system; the decline of the states system; the obsolescence of the states system; the reform of the states system; conclusion. (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 book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Whether this satirical inscription on a Dutch innkeeper's sign upon which a burial ground was painted had for its object mankind in general, or the rulers of states in particular, who are insatiable of war, or merely the philosophers who dream this sweet dream, it is not for us to decide. But one condition the author of this essay wishes to lay down. The practical politician assumes the attitude of looking down with great self-satisfaction on the political theorist as a (...) pedant whose empty ideas in no way threaten the security of the state, inasmuch as the state must proceed on empirical principles; so the theorist is allowed to play his game without interference from the worldly-wise statesman. Such being his attitude, the practical politician — and this is the condition I make — should at least act consistently in the case of a conflict and not suspect some danger to the state in the political theorist's opinions which are ventured and publicly expressed without any ulterior purpose. By this clausula salvatoria the author desires formally and emphatically to deprecate herewith any malevolent interpretation which might be placed on his words. (shrink)

This is the first comprehensive account of Kant’s cosmopolitanism, highlighting its moral, political, legal, economic, cultural, and psychological aspects. Contrasting Kant’s views with those of his German contemporaries, and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant’s philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. Using (...) the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland, and Novalis, Kleingeld analyzes Kant’s arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice, and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism. -/- TABLE OF CONTENTS: Acknowledgments; Abbreviations; Introduction; 1. World citizens in their own country: Wieland and Kant on moral cosmopolitanism and patriotism; 2. Universal republic of world citizens or international federation?: Cloots and Kant on global peace; 3. Global hospitality: Kant's concept of cosmopolitan right; 4. Hierarchy or diversity?: Forster and Kant on race, culture, and cosmopolitanism; 5. International trade and justice: Hegewisch and Kant on cosmopolitanism and globalization; 6. Cosmopolitanism and feeling: Novalis and Kant on the development of a universal human community; 7. Kant's cosmopolitanism and current philosophical debates; Bibliography; Index. (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.

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Immanuel Kant's Groundwork of the Metaphysics of Morals ranks alongside Plato's Republic and Aristotle's Nicomachean Ethics as one of the most profound and influential works in moral philosophy ever written. In Kant's own words its aim is to search for and establish the supreme principle of morality, the categorical imperative. Kant argues that every human being is an end in himself or herself, never to be used as a means by others, and that moral obligation is an expression of the (...) human capacity for autonomy or self-government. This edition presents the acclaimed translation of the text by Mary Gregor, together with an introduction by Christine M. Korsgaard that examines and explains Kant's argument. (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)

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)