Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

v. 1. Editorial introduction -- v. 2. The English and Latin texts (i) -- v. 3. The English and Latin texts (ii).

The Critique of the Power of Judgment (a more accurate rendition of what has hitherto been translated as the Critique of Judgment) is the third of Kant's great critiques following the Critique of Pure Reason and the Critique of Practical Reason. This entirely new translation of Kant's masterpiece follows the principles and high standards of all other volumes in The Cambridge Edition of the Works of Immanuel Kant. This volume includes: for the first time the indispensable first draft of Kant's (...) introduction to the work; the only English edition notes to the many differences between the first (1790) and second (1793) editions of the work; and relevant passages in Kant's anthropology lectures where he elaborated on his aesthetic views. All in all this new edition offers the serious student of Kant a dramatically richer, more complete and more accurate translation. (shrink)

The _Second Treatise_ is one of the most important political treatises ever written and one of the most far-reaching in its influence. In his provocative 15-page introduction to this edition, the late eminent political theorist C. B. Macpherson examines Locke's arguments for limited, conditional government, private property, and right of revolution and suggests reasons for the appeal of these arguments in Locke's time and since.

This paper provides an outline of Kant's ideas on international right showing how they derive from his general view of law and showing how they relate to his cosmopolitan ideal of hospitality, his views on colonialism and the vexed issue of intervention in the internal politics of other states. It can be shown – based on his ideal of hospitality and good state practice – that Kant is reluctant to recommend intervention by advanced states in the affairs of other states (...) and societies even where those societies have not attained a settled, civil status. This is not to imply that we should be indifferent to the situation of other peoples, but rather that we should encourage them to find their own way to a more advanced condition. We can best encourage them by setting and abiding by rigorous standards of law both domestically and internationally that create the possibility of a wholly legally regulated international system.War should be regarded as neither a desirable nor, ultimately, a legitimate means of pursuing foreign policy. (shrink)

This paper provides an outline of Kant's ideas on international right showing how they derive from his general view of law and showing how they relate to his cosmopolitan ideal of hospitality, his views on colonialism and the vexed issue of intervention in the internal politics of other states. It can be shown – based on his ideal of hospitality and good state practice – that Kant is reluctant to recommend intervention by advanced states in the affairs of other states (...) and societies even where those societies have not attained a settled, civil status. This is not to imply that we should be indifferent to the situation of other peoples, but rather that we should encourage them to find their own way to a more advanced condition. We can best encourage them by setting and abiding by rigorous standards of law both domestically and internationally that create the possibility of a wholly legally regulated international system.War should be regarded as neither a desirable nor, ultimately, a legitimate means of pursuing foreign policy. (shrink)

Jeremy Waldron’s essay centres around Martha Nussbaum’s ideas on cosmopolitan education: Nussbaum argues that we should make ‘world citizenship, rather than democratic or national citizenship, the focus for civic education’. The essay provides just a few examples to illustrate the concrete particularity of the world community for which we are urged by Nussbaum to take responsibility, with the aim of refuting the view of those who condemn cosmopolitanism as an abstraction. The arguments for and against Nussbaum’s idea are presented, and (...) one of the opposing views highlighted: that cosmopolitan moral education is not just an education in moral ideas; it is an education in the particular ways in which people have inhabited the world. The different sections of the chapter look at how a society becomes multicultural, the infrastructure of cultural interaction, the identification of citizenship, the language of citizenship, and its concrete reality and its cosmopolitan dimensions. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

The Rights of War and Peace is the first fully historical account of the formative period of modern theories of international law. Professor Tuck examines the arguments over the moral basis for war and international aggression, and links the debates to the writings of the great political theorists such as Hobbes, Locke, Rousseau, and Kant. The book illuminates the presuppositions behind much current political theory, and puts into a new perspective the connection between liberalism and imperialism.

Lately there has been a renewal of interest among political philosophers and theorists in the idea of cosmopolitanism. However, there is little consensus among contemporary theorists about the precise content of a cosmopolitan position. This article calls attention to two different strands in recent thinking about cosmopolitanism. One strand presents it primarily as a doctrine about justice. The other presents it primarily as a doctrine about culture and the self. Although both forms of cosmopolitanism have some appeal, each is sometimes (...) interpreted in ways that render it untenable. This article attempts to distinguish between the more and the less plausible versions of each form of cosmopolitanism. In each case, the distinction turns on how the normative status of particular interpersonal relationships and group affiliations is understood. (shrink)

For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from (...) his endorsement of China's and Japan's protectionist policies, Kant is not averse to limiting cosmopolitan citizens' commercial speech. In conclusion, I discuss rivalling interpretations of Kant's justification of hospitality. I argue that this justification cannot rest exclusively on the innate human right to freedom, but must draw on facts about the world as well. (shrink)

For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from (...) his endorsement of China's and Japan's protectionist policies, Kant is not averse to limiting cosmopolitan citizens' commercial speech. In conclusion, I discuss rivalling interpretations of Kant's justification of hospitality. I argue that this justification cannot rest exclusively on the innate human right to freedom, but must draw on facts about the world as well. (shrink)

In the late eighteenth century, an array of European political thinkers attacked the very foundations of imperialism, arguing passionately that empire-building was not only unworkable, costly, and dangerous, but manifestly unjust. Enlightenment against Empire is the first book devoted to the anti-imperialist political philosophies of an age often regarded as affirming imperial ambitions. Sankar Muthu argues that thinkers such as Denis Diderot, Immanuel Kant, and Johann Gottfried Herder developed an understanding of humans as inherently cultural agents and therefore necessarily diverse. (...) These thinkers rejected the conception of a culture-free "natural man." They held that moral judgments of superiority or inferiority could be made neither about entire peoples nor about many distinctive cultural institutions and practices.Muthu shows how such arguments enabled the era's anti-imperialists to defend the freedom of non-European peoples to order their own societies. In contrast to those who praise "the Enlightenment" as the triumph of a universal morality and critics who view it as an imperializing ideology that denigrated cultural pluralism, Muthu argues instead that eighteenth-century political thought included multiple Enlightenments. He reveals a distinctive and underappreciated strand of Enlightenment thinking that interweaves commitments to universal moral principles and incommensurable ways of life, and that links the concept of a shared human nature with the idea that humans are fundamentally diverse. Such an intellectual temperament, Muthu contends, can broaden our own perspectives about international justice and the relationship between human unity and diversity. (shrink)

Kant's unduly neglected concept of cosmopolitan law suggests a third sphere of public law -- in addition to constitutional law and international law -- in which both states and individuals have rights, and where individuals have these rights as ‛citizens of the earth' rather than as citizens of particular states. I critically examine Kant's view of cosmopolitan law, discussing its addressees, content, justification, and institutionalization. I argue that Kant's conception of ‛world citizenship' is neither merely metaphorical nor dependent on an (...) ideal of a world-government. Kant's views are particularly relevant in light of recent shifts in international law, shifts that lead away from the view that individuals can only be subjects of international law insofar as they are citizens of particular states. Thereby, a category of rights has emerged that comes close to what Kant understands by cosmopolitan law. (shrink)

In Kant and Modern Political Philosophy, Katrin Flikschuh pursues two main aims. She tries to show that Kant’s theory of Right [Recht] is grounded in Kantian metaphysics. For example, we do not really understand Kant’s thought on property rights and cosmopolitanism unless we have in view its metaphysical underpinnings. Second, Flikschuh attempts to demonstrate the relevance of Kant’s theory of Right, especially as it is presented in Kant’s notoriously difficult Rechtslehre, to contemporary political concerns. In pursuing these aims she brings (...) to bear wide-ranging knowledge of scholarly work on Kant’s political and legal thought. (shrink)

This new translation is an extremely welcome addition to the continuing Cambridge Edition of Kant’s works. English-speaking readers of the third Critique have long been hampered by the lack of an adequate translation of this important and difficult work. James Creed Meredith’s much-reprinted translation has charm and elegance, but it is often too loose to be useful for scholarly purposes. Moreover it does not include the first version of Kant’s introduction, the so-called “First Introduction,” which is now recognized as indispensable (...) for an understanding of the work. Werner Pluhar’s more recent translation, which does include the First Introduction, is highly accurate when it confines itself to rendering Kant’s German. However, it is often more of a reconstruction than a translation, containing so many interpretative interpolations that it is often difficult to separate out Kant’s original text from the translator’s contributions. Paul Guyer and Eric Matthews have provided a translation that compares to or exceeds Pluhar’s in its literal approach to the German, but that confines all interpretative material to footnotes and endnotes, so that the text itself, with all its unclarities and ambiguities, lies open to view. In addition, Guyer, as editor of the volume, has provided a great deal of valuable supplementary material. This includes an introduction with an outline of the work and details of the history of its composition and publication, and a wealth of endnotes offering clarifications of the text, background information, and, most strikingly, many references to related passages in Kant’s voluminous writings, particularly in connection with Kant’s earlier writings related to aesthetics. The edition also records differences among the first three editions of the work, and—of particular interest—erasures from and additions to Kant’s manuscript of the First Introduction. Although the introduction and endnotes reflect interpretative views that are sometimes disputable, this supplementary material makes the present edition into a valuable resource even for those able to read the text in German. (shrink)

The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

Presents a collection of essays detailing Kant's views on politics, history, and ethics.

Hegel's phenomenological method is meant to provide a pathway for a "finite consciousness" to the objective viewpoint of philosophical "science".

If human rights express the equal claim of every person to the recognition and protection of their vital interests, they necessarily assert universal obligations of justice that cross borders. Sharon Anderson-Gold asks here whether there is a normative consensus on human rights and articulates the role of a cosmopolitan or global community in shaping the theory and practice of international politics. She considers several important works in the field of universal human rights and discusses whether a cosmopolitan system of law (...) is a necessary condition for the stable association of nation states. _Cosmopolitanism and Human Rights_ presents an ethical foundation for the idea of human development and attempts to demonstrate the normative character of universal human rights. It claims that Kant's idea of a federation of nations based upon principles of international right remains highly relevant to contemporary aspirations for global justice, and concludes by suggesting that a ‘cosmopolitan community’ is the locus of a global democratic order and is the necessary framework for the maintenance of human rights. (shrink)

Constitutionalism in an Age of Diversity James Tully. these ambassadors from Haida Gwaii conciliate the goods which appear irreconcilable to us? To discover the answer, and learn our way around on this strange common ground, we need to ...

Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

In these two important lectures, distinguished political philosopher Seyla Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice--norms which are difficult for some to accept as legitimate since they are sometimes in conflict with democratic ideals. In her first lecture, Benhabib argues that this tension can never be fully resolved, but it can be mitigated through the renegotiation of the (...) dual commitments to human rights and sovereign self-determination. Her second lecture develops this idea in detail, with special reference to recent developments in Europe (for example, the banning of Muslim head scarves in France). The EU has seen the replacement of the traditional unitary model of citizenship with a new model that disaggregates the components of traditional citizenship, making it possible to be a citizen of multiple entities at the same time. The volume also contains a substantive introduction by Robert Post, the volume editor, and contributions by Bonnie Honig (Northwestern University), Will Kymlicka (Queens University), and Jeremy Waldron (Columbia School of Law). (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)

(1) the distributive effects of past wrongs: One or more individual or collective agents — “the perpetrators” — acted wrongly at t0, effecting a continuing change in the distribution of status or assets at t1. It may follow that some agents at t1 have moral reason to alter this distribution of status or assets at t1, presumably with an eye to mitigating the distributive effects that the wrongdoing at t0 will have had from t1 on.