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)

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)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice (...) could be given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. (...) Why? In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

In the Doctrine of Right, Kant claims that killings motivated by the fear of disgrace should be punished less severely than other murders. I consider how Kant understands the mitigating force of such motives, and argue that Kant takes agents to have a moral right to defend their honour. Unlike other rights, however, this right of honour can only be defended personally, so that individuals remain in a 'state of nature' with regard to any such rights, (...) regardless of their political situation. According to Kant, we should be lenient in these cases because the malefactors are caught between two kinds of authentic normative demand, at a point where the proper authority of the state collides with a certain authority which individuals must claim for themselves. (shrink)

The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only (...) complete translation of the whole text, and includes extensive annotation on Kant's difficult and sometimes unfamiliar vocabulary. A new introduction by Roger Sullivan sets the work in its historical and philosophical context. This volume will be of wide interest to students of ethics and of legal and political philosophy. (shrink)

Review of: B. Sharon Byrd and Joachim Hruschka, Kant’s Doctrine of Right. A Commentary (Cambridge University Press, Cambridge 2010) 336 p.

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

British Journal for the History of Philosophy, Volume 19, Issue 3, Page 549-560, May 2011.

I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but (...) anticipate a condition in which the authority to make such claims can no longer be unilaterally determined. (shrink)

This paper explores the alleged role of a conception of human nature for Kant’s justification of the duty to leave the state of nature and the related right to coerce others to enter the civil condition in the Doctrine of Right (1797). I criticise the interpretation put forward by Byrd and Hruschka, according to which Kant’s postulate of public right is a preventive measure based on a “presumption of badness” of human beings. Although this reading seems (...) to be supported by § 42 of the Doctrine of Right, I shall argue that the paragraph neither offers a justification of why we have a duty to leave the state of nature, nor explains why individuals are allowed to coerce others to do so. I offer an alternative interpretation of § 42 by focusing on the difference between formal and material violations of right and argue that the rationale behind the postulate of public right is the idea that remaining in the state of nature is a formal violation of the concept of right. It is therefore not prudential reason that authorizes us to coerce others to enter the lawful condition. (shrink)

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical incentives, the content of juridical (...) laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality. (shrink)

This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own (...) grounds, without any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties. (shrink)

Kantian legalism is now the dominant scholarly interpretation of Kant and an important approach to legal and political philosophy in its own right. One notable feature is its construal of the relationship between law and politics decisively in law’s favour: Law subordinates politics. Political judgment is constrained by and only permissibly exercised through law. This paper opposes this subordination through a close analysis of an ambiguity in Kant’s conception of sovereignty. Understanding this ambiguity requires seeing that, for Kant, law (...) cannot subordinate the sovereign’s political judgment because it is a condition which makes a legal system possible. Kant was not an exacting legalist, but a practical reasoner struggling with the pressures politics imposes on finite beings. Through discussion of a leading contemporary approach, and close engagement with its historical source, the paper raises new considerations about the relevance of political judgment in the relationship of law and politics. (shrink)

Beginning with an analysis of an early satire of Kant 's doctrine of marital law, this essay draws on Walter Benjamin's condensed exposition of this doctrine in order to ask whether Kant 's notoriously unsentimental representation of marriage is, in fact, from the perspective of his own idea of law, overly sentimental. Whereas Kant ridicules the idea of a "law of war" in his program for perpetual peace, he accepts the possibility of legally sanctioned intercourse, in which people (...) use others and themselves. Between marital law and martial law lies maritime law, which concerns a surface that can be used but not mastered. (shrink)

It is a widely accepted opinion that the Doctrine of Right is an imperfect product of Kant's later life, affected by the author's senility. This article shows (by focusing on the 'Right of a State') there is strong evidence that the printed version of 1797 delivers not the text Kant intended to publish, but an incorrect composition out of his manuscript, being assembled by third hand. In the paper the originally intended text is reconstructed by following (...) the internal cross-references given by the author. (shrink)

Prominent Kantian scholars, such as Korsgaard and Waldron, claim that the very existence of juridical-political institutions is sufficient to render laws authoritative. Critics argue that this view is unpersuasive as it requires subjects to obey grossly unjust laws. Here, I identify two problems facing scholars who reject the absolutist view of political authority proffered by Korsgaard and Waldron. First, when there is reasonable disagreement regarding a law’s legitimacy the Principle of Right generates contradictory obligations as it commands both disobedience (...) and compliance. In clarifying this problem, I argue that individuals must disobey illegitimate laws where this requirement is co-extensive with the duty to leave the state of nature. However, disobedience amounts to domination when individuals are subjected to private judgments regarding the conditions of freedom. The Principle of Right cannot overcome this impasse as it does not offer reasons in favor of compliance that are distinct from those reasons legitimating the law. To address this issue, I supplement Kant’s account with Joseph Raz’s ‘service conception’ of authority to show that compliance can be rendered compatible with the Principle of Right. A second problem emerges when laws are blatantly illegitimate such that obedience cannot be justified. In these cases, the Principle of Right cannot guide legislative reform in an intuitively appealing way as it fails to address considerations of proportionality. Though this latter problem is not resolved here, identifying it helps to further clarify the relationship between Kant’s moral and political principles. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 106 Heft: 2 Seiten: 347-351.

This article has two objectives: first, to bring to the fore Kant's neglected distinction between ‘critique’ and ‘doctrine’ and, second, to relate this distinction to Kant's notion of a philosophy of right. Kant's culminating contribution to practical philosophy, the Metaphysics of Morals, contains a doctrine of right and this ‘doctrine’ has received relatively little attention thus far in English-language writing on Kant. One of the reasons for this relative neglect is, I believe, (...) due to the prevalent attention provided to Kant's practical critique at the expense of his practical doctrine. I aim to provide an account of Kant's critique of right in order to enable an understanding of Kant's doctrine of right to be provided with some initial orientation. I will be suggesting that this critique of right is presented in Toward Perpetual Peace: A Philosophical Sketch. (shrink)

Este volumen colectivo, editado por Nuria Sánchez Madrid, Paula Satne y Larry Krasnoff, constituye un aporte sustancial al estudio de la filosofía kantiana del derecho. Dadas las limitaciones de espacio, podré detenerme brevemente únicamente en algunas de las contribuciones que enriquecen el volumen, si bien todas son muy valiosas y originales.

Against the charge that Kant's doctrine of radical evil is inconsistent and alien to his practical philosophy, my aim is to show its necessity within the critical system. First, I undermine the alleged vacuity of Kant's notion of evil by showing that, already in the Groundwork, an evil will is the necessary conceptual correlate of a good will. "Good" and "evil" characterize the agent's form of willing and represent the source of value of right and wrong (...) actions. Then, I show how the doctrine of radical evil derives from Kant's notion of evil. That evil lies at the level of an individual Gesinnung is the result of Kant's radicalizing the use of transcendental freedom. That there is a propensity to evil in the whole species is the result of Kant's naturalizing the principles of his moral psychology. Although Kant is not clear about this distinction, the consistency of his doctrine depends on indicating that an "evil Gesinnung" and the "propensity to evil" are not equivalent concepts. Rather, they refer to different units of moral analysis, the individual and the whole species, and represent a failure to comply with different types of moral obligation: the duty to realize the good and the duty to realize the highest good. The correlation between units of moral analysis and types of obligation explains the isomorphism that Kant detects between them, as well as their logical independence, without which the individual's choice of Gesinnung would be analytically contained in the species' choice of moral nature . Finally, to account for the problem of moral self-constitution I argue for the necessity of assuming a transcendental volitional structure, the unity of acknowledgement or "I will". At the different levels of analysis, this structure organizes the will's manifold intentions according to unifying principles that allow it to recognize them as its own. Although Kant does not mention it, the "I will" is a necessary assumption to account for the continuity of choice and for its possible imputation to an agent. (shrink)

Scholars have long debated the relationship between Kant’s doctrine of right and his doctrine of virtue (including his moral religion or ethico-theology), which are the two branches of his moral philosophy. This article will examine the intimate connection in his practical philosophy between perpetual peace and the highest good, between political and ethico-religious communities, and between the types of transparency peculiar to each. It will show how domestic and international right provides a framework for the development (...) of ethical communities, including a kingdom of ends and even the noumenal ethical community of an afterlife, and how the transparency and trust achieved in these communities is anticipated in rightful political society by publicity and the mutual confidence among citizens that it engenders. Finally, it will explore the implications of this synthesis of Kant’s political and religious philosophies for contemporary Kantian political theories, especially those of Jürgen Habermas and John Rawls. (shrink)

That an act can have moral worth even if the end of the action is not realized seems asymmetrical with Kant’s dual notion that acts cannot have moral worth if the maxim for action is impermissible. Recent scholarship contends that fixing the asymmetry will allow impermissible acts done from a morally worthy motive to have moral worth. I argue against the asymmetry thesis and contend that Kant cannot consistently maintain a class of impermissible, morally worthy action and the view that (...) right acts respect the dignity of humanity. (shrink)

Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state (‘public right’) are not in principle (...) reducible to the rights of individuals (‘private right’). Thus, for Kant, political obligations are intimately linked to the existence of a certain kind of republican institutional framework. (shrink)

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 first part of the Metaphysics of Morals , the Doctrine of Right)? In other words, is the Categorical Imperative sufficient to show that the fundamental principles of right are normatively valid? Second, does Kant's conception of right presuppose his moral theory? In other words, is the Categorical Imperative necessary to show that the basic principles of right are normatively valid? In this paper, I will be primarily concerned with defending a negative answer to the first of these questions. In section 2, I will discuss Paul Guyer's attempt to vindicate a positive answer to the same question. In section 3, reasons will be given why any attempt to derive Kant's conception of right from the Categorical Imperative must fail because of the analytic connection between right and coercion. (shrink)

Elvira Basevich, Martin Sticker, and Helga Varden offered generative criticism of my monograph, Kant’s Theory of Labour. In this response, I explore how the resources they offer for thinking about gender, labour, and the state’s responsibility to ensure the material conditions of freedom can deepen both our attentiveness to patterns of systemic injustice in Kant’s political philosophy, and the resources Kant offers for addressing contemporary patterns of intersectional and material injustice.

The central concept in Kant's _Doctrine of Law_ is the concept of a _person_. This very concept is intimately connected with Kant's theory of transcendental freedom and thus with his Transcendental Idealism. Hence the conceptual framework of the _Doctrine of Law_ and with it the 'Universal Principle of Right' are inseparably connected to Kant's _critical_ moral philosophy and require especially the moral law as their foundation. But nevertheless this does not entail that legal coercion requires the (...) personality of those who are subject to it: A Kantian state would be possible even for a people of devils. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus (...) lies, on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer (...) solutions for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)