Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state. This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and (...) to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy. (shrink)

Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is (...) in Kant’s Critical sense ‘metaphysical’ because it applies the pure a priori ‘Universal Principles of Right’ to the concept of finite rational human agency. The application of this principle implicitly involves a ‘Contradiction in Conception’ test. I explicate this test in detail and show, inter alia, how Kant’s argument relates to the modern natural law tradition. I further argue that Kant’s ‘Universal Principle of Right’ is justified by appeal to a fundamental principle of justification, the Principle of Mutual Acceptability. This justification also suggests that the debate between Kantians and Utilitarians about whether human ‘dignity’ is an incommensurable value is moot because Kant’s test of the Categorical Imperative need not appeal to ‘dignity’. Finally, I show that the limited rights to possession and use justified by Kant’s argument suffice for his social contract argument for the legitimacy of the state. (shrink)

The grounds of justice -- "Un pouvoir ordinaire": shared membership in a state as a ground of -- Justice -- Internationalism versus statism and globalism: contemporary debates -- What follows from our common humanity? : the institutional stance, human rights, and nonrelationism -- Hugo Grotius revisited : collective ownership of the Earth and global public reason -- "Our sole habitation" : a contemporary approach to collective ownership of the earth -- Toward a contingent derivation of human rights -- Proportionate use (...) : immigration and original ownership of the Earth -- "But the earth abideth for ever" : obligations to future generations -- Climate change and ownership of the atmosphere -- Human rights as membership rights in the global order -- Arguing for human rights : essential pharmaceuticals -- Arguing for human rights : labor rights as human rights -- Justice and trade -- The way we live now -- "Imagine there's no countries" : a reply to John Lennon -- Justice and accountability : the state -- Justice and accountability : the World Trade Organization. (shrink)

In this book Katrin Flikschuh examines the relevance of Kant's political thought to major issues and problems in contemporary political philosophy. She advances and defends two principal claims: that Kant's philosophy of Right endorses the role of metaphysics in political thinking, in contrast to its generally hostile reception in the field today, and that his account of political obligation is cosmopolitan in its inception, assigning priority to the global rather than the domestic context. She shows how Kant's metaphysics of freedom (...) as a shared idea of practical reason underlies the cosmopolitan scope of his theory of justice, and she concludes that despite the revival of 'Kantianism' in contemporary thinking, his account of justice is in many respects very different from dominant approaches in contemporary liberal theory. Her study will be of interest to political philosophers, political theorists, and historians of ideas. (shrink)

In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up (...) and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)

In this paper, I sketch a Kantian account of duties of rescue, which I take to be compatible with Kant’s theory. I argue that there is in fact no “trumping relation” between imperfect and perfect duties but merely that “latitude shrinks away” in certain circumstances. Against possible demandingness objections, I explain why Kant thought that imperfect duty must allow latitude for choice and argue that we must understand the necessary space for pursuing one’s own happiness as entailed by Kant’s justification (...) of one’s duty to promote other’s happiness. Nevertheless, becoming worthy of happiness has always priority over one’s own happiness, even when circumstances are such that we cannot secure our own happiness without seriously neglecting more pressing needs of other persons. I conclude that Kant’s moral theory calls for complementation by the political and juridical domain. Implementing just political institutions and creating satisfactorily well-ordered societies create an external world which is friendlier to our attempts to reconcile moral integrity and a happy human life. (shrink)