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  1. Coercive Interference and Moral Judgment.Jan-Willem van der Rijt - 2011 - Ethical Theory and Moral Practice 14 (5):549 - 567.
    Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...)
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  • The Morality of Unequal Autonomy: Reviving Kant’s Concept of Status for Stakeholders.Susan V. H. Castro - 2014 - Journal of Business Ethics 121 (4):593-606.
    Though we cherish freedom and equality, there are human relations we commonly take to be morally permissible despite the fact that they essentially involve an inequality specifically of freedom, i.e., parental and fiduciary relations. In this article, I argue that the morality of these relations is best understood through a very old and dangerous concept, the concept of status. Despite their historic and continuing abuses, status relations are alive and well today, I argue, because some of them are necessary. We (...)
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  • Legitimacy as Public Willing: Kant on Freedom and the Law.Jakob Huber - 2019 - Ratio Juris 32 (1):102-116.
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  • The Limits of the Harm Principle.Hamish Stewart - 2010 - Criminal Law and Philosophy 4 (1):17-35.
    The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...)
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  • Kant and Dependency Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative structure (...)
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  • The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law.Ludvig Beckman - 2014 - Ratio Juris 27 (2):252-270.
    Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...)
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  • Freedom and Poverty in the Kantian State.Rafeeq Hasan - 2018 - European Journal of Philosophy 26 (3):911-931.
    The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state-mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external freedom. (...)
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  • Legitimacy is Not Authority.Jon Garthoff - 2010 - Law and Philosophy 29 (6):669-694.
    The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...)
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  • The Constitution of Nondomination.Guido Pincione - 2011 - Social Philosophy and Policy 28 (1):261-289.
    Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules. Central to his position are claims that the dispersion of economic power precludes domination, (...)
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  • Kant’s Political Philosophy.Kyla Ebels-Duggan - 2012 - Philosophy Compass 7 (12):896-909.
    Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. Since we are obligated to respect each (...)
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  • How Does Kant Justify the Universal Objective Validity of the Law of Right?Gerhard Seel - 2009 - International Journal of Philosophical Studies 17 (1):71 – 94.
    Since more than 50 years Kant scholars debate the question whether the Law of Right as introduced in the Metaphysics of Morals by Kant can be justified by the Categorical Imperative. On the one hand we have those who think that Kant's theory of right depends from the Categorical Imperative, on the other hand we find a growing group of scholars who deny this. However, the debate has been flawed by confusion and misunderstanding of the crucial terms and principles. Therefore, (...)
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  • Right and Coercion: Can Kant’s Conception of Right Be Derived From His Moral Theory?Marcus Willaschek - 2009 - International Journal of Philosophical Studies 17 (1):49 – 70.
    Recently, there has been some discussion about the relationship between Kant's conception of right (the sphere of juridical rights and duties) and his moral theory (with the Categorical Imperative as its fundamental norm). In section 1, I briefly survey some recent contributions to this debate and distinguish between two different questions. First, does Kant's moral theory (as developed in the Groundwork and the Critique of Practical Reason ) imply , or validate, a Kantian conception of right (as developed in the (...)
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  • On Compromise and Coercion.Raphael Cohen-Almagor - 2006 - Ratio Juris 19 (4):434-455.
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  • Bennett’s Expressive Justification of Punishment.Peter Chau - 2017 - Criminal Law and Philosophy 11 (4):661-679.
    In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...)
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  • Doing Good Together: Competition Law and the Political Legitimacy of Interfirm Cooperation.Rutger Claassen & Anna Gerbrandy - 2018 - Business Ethics Quarterly 28 (4):401-425.
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  • Kant on Property Rights and the State.Louis-Philippe Hodgson - 2010 - Kantian Review 15 (1):57-87.
    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 (...)
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  • In Defense of Kant's League of States.Kjartan Mikalsen - 2011 - Law and Philosophy 30 (3):291-317.
    This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that (...)
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  • Democratic Theory and Border Coercion.Arash Abizadeh - 2008 - Political Theory 36 (1):37-65.
    The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...)
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  • Kant's Non-Voluntarist Conception of Political Obligations: Why Justice is Impossible in the State of Nature.Helga Varden - 2008 - Kantian Review 13 (2):1-45.
    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 (...)
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  • Kant on the Hiddenness of God.Eric Watkins - 2009 - Kantian Review 14 (1):81-122.
    Kant's sustained reflections on God have received considerable scholarly attention over the years and rightly so. His provocative criticisms of the three traditional theoretical proofs of the existence of God, and his own positive proof for belief in God's existence on moral grounds, have fully deserved the clarification and analysis that has occurred in these discussions. What I want to focus on, however, is the extent to which Kant's position contains resources sufficient to answer a line of questioning about the (...)
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  • Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - forthcoming - Critical Review of International Social and Political Philosophy:1-23.
  • Justice and Political Authority in Left-Libertarianism.Fabian Wendt - 2015 - Politics, Philosophy and Economics 14 (3):316-339.
    From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...)
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  • Law and Coercion.Robert C. Hughes - 2013 - Philosophy Compass 8 (3):231-240.
    Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...)
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  • Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
  • No Right to Resist? Elise Reimarus's "Freedom" as a Kantian Response to the Problem of Violent Revolt.Lisa Curtis-Wendlandt - 2012 - Hypatia 27 (4):755 - 773.
    One of the greatest woman intellectuals of eighteenth-century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom (1791). Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a way (...)
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  • Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
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  • No Right to Resist? Elise Reimarus'sFreedomas a Kantian Response to the Problem of Violent Revolt.Lisa Curtis-Wendlandt - 2012 - Hypatia 27 (4):755-773.