The Judging Public: Kant on the Transition to Republican Government

Dissertation, University of California, Berkeley (1999)
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Abstract

Kant's best contribution to modern political theory is his dynamic account of the transition from the imperfect, provisional state toward political perfection. Scholarly attention to Kant's political philosophy has focused on his theory of the ideal state, at the expense of the far more interesting account of transition. Kant is rightly honored for his defense of human rights, of the rule of law, and of the cause of international peace; in short, for his attempt to devise a political system that would protect human freedom at every level of interaction. Nevertheless, Kant's original contribution comes not from his doctrine of the ideal state, which exemplifies moderate enlightened political thought of his time, but from his theory of the conditions of the gradual approximation of that state in practice. This dissertation traces the development of this line of reasoning from the Critique of Pure Reason through the Conflict of Faculties, setting Kant's arguments in the contexts of his predecessors in social contract theory and of his contemporaries in the Berlin Enlightenment. ;Over the course of his writing, Kant proposes a number of different accounts of the political progress that would result from the application of ideal judgment to political practice: the public sphere in "What is Enlightenment?" teleological history in Critique of Judgment, formal principles of publicity in "Perpetual Peace," provisional right in the Rechtslehre, and the judging public in Conflict of Faculties . Though the specific elements of these solutions vary, the main lines of Kant's argument remain the same throughout his work: progress toward the just state results from comparisons made by some human agents between rational ideals and empirical reality. However Kant arranges his various proposed institutions, the human judges of right need to be isolated from all but the interests of reason, not only to ensure their freedom to reason from a possibly punishing government, but also to prevent the corruption of this reason by the temptations of power itself. Over the long run, the interplay of public judgments should lead to the advent of more enlightened political institutions and practices

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Elisabeth H. Ellis
University of Otago

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