Can the Innate Right to Freedom Alone Ground a System of Public and Private Rights?

European Journal of Philosophy 20 (3):460-469 (2012)
Abstract
The state regulates the way in which social power is exercised. It sometimes permits, enables, constrains, forbids how we may touch others, make offers, draw up contracts, use, alter, possess and destroy things that matter to people, manipulate, induce weakness of the will, coerce, engage in physical force, persuade, selectively divulge information, lie, enchant, coax, convince, … In each of these cases, we (sometimes unintentionally) get others to act in ways that serve our interests. Which such exercises of power should the state forbid? Which should it permit? An intuitively appealing way to answer this question is, with Ripstein and Kant, to point to the role of freedom: exercises of social power can be legitimately prohibited when (and only when) they restrict people's freedom. But this raises a further question: How do we identify when such exercises of power make people unfree in the relevant sense? Ripstein, in defending Kant, draws a crucial distinction between actions that subject others’ wills to our choices (and which it would therefore be presumptively legitimate for the state to forbid) and actions that merely affect the contexts in which others act (and which it would therefore be presumptively illegitimate for the state to forbid). I query that distinction, and argue that the idea of independence cannot bear, on its own, the weight it is expected to bear within the Kantian framework
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1468-0378.2012.00555.x
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 28,829
Through your library
References found in this work BETA
A Republican Law of Peoples.Philip Pettit - 2010 - European Journal of Political Theory 9 (1):70-94.
How Are Power and Unfreedom Related.Ian Carter - 2008 - In Cécile Laborde & John W. Maynor (eds.), Republicanism and Political Theory. Blackwell. pp. 58--82.

Add more references

Citations of this work BETA
Systemic Domination as Ground of Justice.Jugov Tamara - forthcoming - European Journal of Political Theory:147488511769090.
Form and Matter in Kantian Political Philosophy: A Reply.Arthur Ripstein - 2012 - European Journal of Philosophy 20 (3):487-496.
Symposium on Ripstein's Force and Freedom: Introduction.David Owen - 2012 - European Journal of Philosophy 20 (3):447-449.

Add more citations

Similar books and articles
Kant, Ripstein and the Circle of Freedom: A Critical Note.Laura Valentini - 2012 - European Journal of Philosophy 20 (3):450-459.
Between Ethics and Right: Kantian Politics and Democratic Purposes.Garrath Williams - 2012 - European Journal of Philosophy 20 (3):479-486.
Should Freedom Be the Ground of Morality?Kelly Coble - 2004 - Idealistic Studies 34 (2):181-197.
Public Space.James Mensch - 2007 - Continental Philosophy Review 40 (1):31-47.
Form and Matter in Kantian Political Philosophy: A Reply.Arthur Ripstein - 2012 - European Journal of Philosophy 20 (3):487-496.
Enlightenment and Freedom.Jonathan Peterson - 2008 - Journal of the History of Philosophy 46 (2):pp. 223-244.
The Twilight of the Republic?Jean-Fabien Spitz - 2003 - Critical Review of International Social and Political Philosophy 6 (1):54-71.
Morality and Freedom.By Alan Carter - 2003 - Philosophical Quarterly 53 (211):161–180.
Democratic Freedom of Expression.Ricardo Restrepo - 2013 - Open Journal of Philosophy 3 (3):380-390.

Monthly downloads

Added to index

2012-08-27

Total downloads

49 ( #107,979 of 2,178,184 )

Recent downloads (6 months)

5 ( #54,675 of 2,178,184 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums