In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Force and Freedom: Kant’s Legal and Political PhilosophyAlyssa R. BernsteinArthur Ripstein. Force and Freedom: Kant’s Legal and Political Philosophy. Cambridge, MA-London: Harvard University Press, 2009. Pp. xiii + 399. Cloth, $49.95.This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline (...) clarity, the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and philosophers of law, including John Locke, John Stuart Mill, H. L. A. Hart, and Ronald Dworkin, often enriching the discussion by referring to decisions or arguments made by courts in the U.S. or elsewhere. Ripstein shows that it is unjustifiable to exclude Kant from the primary canon of political philosophy, as is typical of current English-language teaching and scholarship.State governments both tell people what to do and force them to do as they are told; they also claim rights to do these things. Yet people claim the right to be free. Can these claims be consistent? Ripstein argues that Kant shows that they can. By working out the implications of the entitlement to be independent, one’s own master, and free from domination by others, Kant develops answers to the basic questions of political philosophy, addressing state legitimacy, the rule of law, political obligation, revolution, punishment, private property, taxation, and redistribution.The book begins with an overview chapter, followed by a chapter on what Kant calls the “innate right of humanity” in one’s own person, which is the right to be independent. Topics of private right are then addressed in three chapters, with topics of public right in five subsequent chapters, building on the previous ones. A central, bridging chapter explains Kant’s account of the transition from private right to public right, thus his account of political authority, which takes the form of arguments about the state of nature, its defects, and the need for the legal and political institutions of a state. The book ends with an appendix in which Ripstein explains the relation between the Universal Principle of Right and the Categorical Imperative.The right to independence is an original right in the sense that it does not require establishment by any affirmative act, Ripstein explains. Persons capable of acquiring rights through their actions must have the capacity to act in ways that have consequences for rights and thus for others’ conduct. Therefore, any system of rights must presuppose some basic moral capacities that do not depend on antecedent acts on the part of the person exercising them, and thus must presuppose the “innate right” to one’s own person. Each person’s entitlement to independence from another’s choice is the basis of all further rights. It sets restrictions on the capacity to acquire new rights and structures the rights [End Page 531] that each person can acquire. It also imposes duties on the state and restricts the means it can use for achieving its purposes. Equal freedom, understood in terms of restrictions on coercion, governs both private right and public right.In a system of equal freedom, each person is free to use his or her own powers, individually or cooperatively, in order to pursue his or her own purposes, and each person decides what ends to pursue with his or her own means. The right to such independence is an aspect of one’s status as a person in relation to other persons; within a system of reciprocal limits on freedom, it is an entitlement that restricts the conduct of others, consistent with everyone being subject to the same restrictions. It can be violated only by others’ conduct. The sole point of a system of equal freedom is... (shrink)

Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most (...) particularly in the Doctrine of Right. Another reason is the difficulties many writers have encountered in their attempts to reconcile Kant’s political and legal writing with his moral philosophy. Against this background, the novelty and importance of Force and Freedom cannot be overstated. (shrink)

This introduction provides a very brief sketch of the fundamental claims of Arthur Ripstein's Force and Freedom before locating the criticisms of his interlocutors in relation to those claims. Valentini and Sangiovanni are situated as critics of the Kantian frame, while Ronzoni and Williams are critics situated within that frame.

A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).

In this excellent book Arthur Ripstein develops a broadly Kantian interpretation of tort law and criminal law that is noteworthy for its spirited defense of core features of Anglo-American law and for its uncompromising dismissal of the so-called law and economics approach to these matters. A final chapter extends the analysis to the topic of distributive justice.

Our notion of normativity appears to combine, in a way difficult to understand but seemingly familiar from experience, elements of force and freedom. On the one hand, a normative claim is thought to have a kind of compelling authority; on the other hand, if our respecting it is to be an appropriate species of respect, it must not be coerced, automatic, or trivially guaranteed by definition. Both Hume and Kant, I argue, looked to aesthetic experience as a convincing (...) example exhibiting this marriage of force and freedom, as well as showing how our judgment can come to be properly attuned to the features that constitute value. This image of attunement carries over into their respective accounts of moral judgment. The seemingly radical difference between their moral theories may be traceable not to a different conception of normativity, but to a difference in their empirical psychological theories – a difference we can readily spot in their accounts of aesthetics. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same (...) strength and coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

Ripstein’s Kantian argument for the authority of the state purports to demonstrate that state authority is a necessary condition of each individual’s freedom. Ripstein regards an individual as free just in case her entitlement to control what is hers is not violated. After questioning whether his approach adequately distinguishes standards of legitimacy from standards of ideal justice, I argue for the superiority of an alternative conception of freedom. On the view that I defend a person is free just (...) in case she is able to move her body in space unimpeded by others. I argue that this conception allows for a more convincing version of the Kantian argument. (shrink)

Force, Fate, and Freedom serves as an introduction to historical sociology, as well as a critical analysis of the belief in economic and political progress through social knowledge. Reinhard Bendix offers a development of the historicist approach to social change first championed by Max Weber, and presents an overview of the foundations of political authority in Japan, Russia, Germany, France, and England.

A central question for assessing the merits of Amartya Sen's capability approach as a potential answer to the “distribution of what”? question concerns the exact role and nature of freedom in that approach. Sen holds that a person's capability identifies that person's effective freedom to achieve valuable states of beings and doings, or functionings, and that freedom so understood, rather than achieved functionings themselves, is the primary evaluative space. Sen's emphasis on freedom has been criticised by (...) G. A. Cohen, according to whom the capability approach either uses too expansive a definition of freedom or rests on an implausibly active, indeed “athletic,” view of well-being. This paper defends the capability approach from this criticism. It argues that we can view the capability approach to be underpinned by an account of well-being which takes the endorsement of valuable functionings as constitutive of well-being, and by a particular view of the way in which endorsement relates to force and choice. Footnotes1 I would like to thank Paul Bou-Habib, Ian Carter, Matthew Kramer, Ingrid Robeyns, Peter Vallentyne, and two Economics and Philosophy referees for very helpful comments on earlier drafts of this paper. I am also grateful to the participants of the Edinburgh ECPR Workshop, the Hoover Chair Seminar in Louvain-La-Neuve, the King's College Moral Philosophy Group in Cambridge, the Nuffield Political Theory Workshop in Oxford, and the session on the Capability Approach at the Philadelphia APSA Annual Conference. (shrink)

Is a world without force possible? William Bluhm believes it is, and this book is an impassioned plea for the revolution in moral philosophy that he thinks is necessary to achieve freedom under law without the use of force. Principal among the questions discussed are whether individual freedom can be made compatible with the demands of public order, and whether any notion of lawful authority can be established if there are no natural norms of moral order.

Recognition and freedom function not only most prominently as a key concept in current social and political theory, notably in critical theory and in (post‐)structuralist debates as well as in pragmatic‐skeptical conceptions, but the concept also receives considerable treatment within the phenomenological and hermeneutical tradition. Charles Taylor, Paul Ricoeur, and Jean‐Paul Sartre have elaborated the concept of recognition in a significant way. However, there are seminal indications for a nuanced understanding of the intrinsic relation of recognition and (un)freedom (...) in the thinking of Hans‐Georg Gadamer, Maurice Merleau‐Ponty, and Martin Heidegger. A positive understanding of recognition takes its departure from the assumption that the subject can only achieve a practical self‐relation if she experiences affirmation and acceptance from Others. The negative understanding starts with the observation that existing orders of recognition force the subject to adopt given identity attributions in conformity with the system and with an effective apparatus of power. (shrink)

With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system (...) of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark. (shrink)

Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across (...) cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (shrink)

Deuteronomy forced the issue of humanitarian considerations and of freedom on the community at the moments when it was truest to itself—the moments of worship and cultic celebration, notably on the sabbath, the sabbatical year, and the harvest festivals.

Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track (...) the compliance of their victims, while neutral causal mechanisms do not. Manipulators see to it that their victims comply even in the face of forces that threaten to derail them from the manipulator’s desired course. It is suggested that this has an impact on freedom because part of what we desire in wanting to be free is the availability of forms of life very different from those we actually enjoy. (shrink)

This article calls into question the notion that seventeenth-century authors such as Descartes and Leibniz straightforwardly conceived the mind as something "outside" nature. Descartes indeed did regard matter as distinct from mind, but the question then remains as to whether he equated the natural world, and the world of laws of nature, with the material world. Similarly, Leibniz distinguished a kingdom of final causes (pertaining to souls) and a kingdom of efficient causes (pertaining to bodies and motions), but the question (...) remains as to whether he equated nature with the second kingdom alone, or included both kingdoms within nature. Although Kant sundered Leibniz's envisioned connection between the two kingdoms, even he did not place mind fully outside nature. (shrink)

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. -/- All (...) of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy. (shrink)

This paper proposes a new reading of the interaction between subjectivity, reflection and freedom within Foucault’s later work. I begin by introducing three approaches to subjectivity, locating these in relation both to Foucault’s texts and to the recent literature. I suggest that Foucault himself operates within what I call the ‘entanglement approach’, and, as such, he faces a potentially serious challenge, a challenge forcefully articulated by Han. Using Kant’s treatment of reflection as a point of comparison, I argue that (...) Foucault possesses the resources to meet this challenge. The key, I contend, is to distinguish two related theses about reflection and freedom: Foucault’s position is distinctive precisely because he accepts one of these theses whilst rejecting the other. I conclude by indicating how this reading might connect to the longstanding question of Foucault’s own right to appeal to normative standards. (shrink)

Several prominent incompatibilists, e.g., Robert Kane and Derk Pereboom, have advanced an analogical argument in which it is claimed that a deterministic world is essentially the same as a world governed by a global controller. Since the latter world is obviously one lacking in an important kind of freedom, so must any deterministic world. The argument is challenged whether it is designed to show that determinism precludes freedom as power or freedom as self-origination. Contrary to the claims (...) of its adherents, the global controller nullifies freedom because she is an agent, whereas natural forces are at work in conventional deterministic worlds. Other key differences that undermine the analogy are identified. It is also shown that the argument begs the question against the classical compatibilist, who believes that determinism does not preclude alternative possibilities. (shrink)

Freedom and its internal relation to reason is fundamental to Descartes’ philosophy in general, and to his _Meditations on First Philosophy_ in particular. Without freedom his entire enquiry would not get off the ground, and without understanding the rôle of freedom in his work, we could not understand what motivates key parts of his metaphysics. Yet, not only is freedom a relatively overlooked element, but its internal relation to reason has gone unnoticed by most studies of (...) his philosophy. Self, Reason, and Freedom: A New Light on Descartes’ Metaphysics, by defending freedom’s internal relation to reason, sheds new light on Descartes’ metaphysics and restores the often dismissed _Fourth Meditation_ to the core of his metaphysics as he conceived it. Implicit in that relation is a rejection of any authority external to reason. Andrea Christofidou shows how this lends strength and explanatory force to Descartes’ enquiry, and reveals his conception of the unity of the self and of its place in the world. Self, Reason, and Freedom: A New Light on Descartes’ Metaphysics is essential reading for students and scholars of Descartes and anyone studying seventeenth-century philosophy. (shrink)

This chapter discusses the theory of determinism put forward by the ancient Stoics and its theory for rational action and moral responsibility. The Stoic argument for determinism is presented in Section 1. Stoic determinism implies fatalism. The first problem, studied in Section 2, is whether it is rational to be motivated to do anything if one believes in fatalism. A second problem is that determinism seems to imply that everything people do is fully determined by external causes alone. This problem, (...) and the solution proposed by the Stoics, are studied in Section 3. A third problem, discussed in Section 4, is whether moral responsibility is compatible or incompatible with the possibility of alternate actions. The chapter discusses two objections raised by incompatibilists, which relate to the notion of agency and freedom from external force. The chapter briefly considers one possible counter‐objection to Chrysippus, the third head of the Stoic school. (shrink)

This essay explores Immanuel Kant’s notion of artistic genius and how it relates to the modern conception of the interrelated ideas of nature and freedom as they appear in his Critique of Judgement. Genius works as a unique concept in Kant’s oeuvre, showing how art provides a harmony within what, in Reformational philosophy, they call the “ground-motive” “nature-freedom.” The concept of originality as it relates to genius has the potential for an alternative reading to what was held subsequent (...) to Kant and what is still held today, one that puts the emphasis on a certain relationality. Hannah Arendt’s conception of freedom and Jacques Derrida’s reading of Kant are also relevant. This essay’s reading of Kant’s genius, defined by its multifaceted network of relational forces, shows a way out of the bind of the binary nature and freedom. By explicating Kant’s notion of artistic genius, one is able to better understand art and its function: probing the complex relationship that humans have with themselves and the rest of creation. (shrink)

Critics have alleged that Democritus’ ethical prescriptions (“gnomai”) are incompatible with his physics, since his atomism seems committed to necessity or chance (or an awkward combination of both) as a universal cause of everything, leaving no room for personal responsibility. I argue that Democritus’ critics, both ancient and contemporary, have misunderstood a fundamental concept of his causality: a cause called “spontaneity”, which Democritus evidently considered a necessary (not chance) cause, compatible with human freedom, of both atomic motion and human (...) actions. Some influential contemporary compatibilists have argued that freedom and responsibility are compatible with causal determinism, but not intentional constraint where some other agent is intentionally manipulating or coercing one’s actions. In line with this, Democritus holds that humans should not blame their actions on other agents like the gods, or agent-like external forces like fate or chance, but should assume ultimate intentional control over their own choices and actions. The famous remark of his associate Leucippus that “everything happens for a reason and out of necessity” is a fitting slogan of their atomistic philosophy, for Democritus pursued what can without anachronism be recognized as a causal theory of freedom. (shrink)

Considering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (...) (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not. The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law). Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper. Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens. The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens. (shrink)