Kant And The Theory And Practice Of International Right

This book argues that Kant’s theory of international relations should be interpreted as an attempt to apply the principles of reason to history in general, and in particular to political conditions of the late eighteenth century. It demonstrates how Kant attempts to mediate between a priori theory and practice, and how this works in the field of international law and international relations. Kant appreciates how the precepts of theory have to be tested against the facts, before the theory is enriched to deal with the complexities of their application. In the central chapters of this book, the starting points are apparent contradictions in Kant’s writings; assuming that Kant is a systematic and profound thinker, Cavallar seeks to use these contradictions to discover Kant’s ‘deep structure’, a dynamic and evolutionary theory that tries to anticipate a world where the idea of international justice might be more fully realized.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

In this famous essay, first published in 1793, Kant considers the alleged conflict between theory and practice in the conduct of human affairs in three widening contexts: those of the common person faced with a moral decision, of the politician and the citizen concerned with the extent and limits of political obligation, and, finally, of the citizen of the world whose actions have a bearing on war and peace among nations. Unlike other animals, Kant reminds us, people must decide how they will live their lives. They therefore ask for a guide to action, a set of principles—a theory. From the outset, Kant rejects the ancient claim that the practical possibilities of action cannot always be reconciled with moral demands. He offers his own moral theory, a theory starting out from the principle of the right as an unequivocal guide to action. In partial disagreement with the rival theories of Hobbes and Locke, he proposes that the only condition under which the individual can achieve true destiny as a person and a member of the human race is the civil state. Such a state can be secured only by law. Although "from such crooked wood as man is made of, nothing perfectly straight can be built," only the rule of law can bring about a stable society. Last, Kant turns to the relation between theory and practice in international relations. "Nowhere," he writes, "does human nature appear less lovable than in the relation of whole nations to each other." But to hope for world peace on the basis of "the so-called balance of power is a mere chimera." There is no other remedy to international lawlessness and war than an international coercive law, and such law can grow only out of sound theory. "I put my trust in theory. At the same time, I trust in the nature of things, and also take account of human nature, which I cannot, or will not, consider so steeped in evil that in the end reason should not triumph."

Kant's Politics in Context is the first comprehensive contextual study of Kant's legal and political philosophy. It gives an account of the development of his thought before, during, and after the French revolution. Reidar Maliks argues that Kant provided a philosophical defence of the revolution's republican ideals while aiming to avoid the twin dangers of anarchy and despotism. Central to this was a concept of equal freedom, constituted by legal rights and duties within a state. The close connection between freedom and the rule of law accounts for the centrality of the state in Kants thought. That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical essays and pamphlets aimed for a wide audience has not been fully appreciated. Maliks shows how our understanding of Kant's political philosophy can be enriched through paying attention to the discussions he sparked during the 1790swhere radical followers including Fichte, Erhard, and Bergk clashed with conservative critics such as Rehberg, Möser, and Gentz. This book provides fresh knowledge about a foundational moment for modern political thought and offers a new perspective on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.

For a very long time, Kant’s Doctrine of Right languished in relative neglect, even among those who wanted to defend a Kantian position in political philosophy. Kant’s more interesting claims about politics were often said to be located elsewhere. This anthology examines a wide range of issues discussed by Kant in the Doctrine of Right and other closely related texts, including his views on social contract theory, private property, human rights, welfare and equality, civil disobedience, perpetual peace, forgiveness and punishment, and marriage equality. The authors have all tested Kant’s arguments for possible political application, reaching different and sometimes opposing conclusions. The result is a highly original volume that not only enhances the understanding of Kant’s political philosophy, but also invites substantive debate within the Kantian tradition and beyond.

Past interpreters of Kant’s thought seldom viewed his writings on politics as having much importance, especially in comparison with his writings on ethics, which (along with his major works, such as the Critique of Pure Reason) received the lion’s share of attention. But in recent years a new generation of scholars has revived interest in what Kant had to say about politics. From a position of engagement with today’s most pressing questions, this volume of essays offers a comprehensive introduction to Kant’s often misunderstood political thought. Covering the full range of sources of Kant’s political theory—including not only the Doctrine of Right, the Critiques, and the political essays but also Kant’s lectures and minor writings—the volume’s distinguished contributors demonstrate that Kant’s philosophy offers compelling positions that continue to inspire the best thinking on politics today. Aside from the editor, the contributors are Michaele Ferguson, Louis-Philippe Hodgson, Ian Hunter, John Christian Laursen, Mika LaVaque-Manty, Onora O’Neill, Thomas W. Pogge, Arthur Ripstein, and Robert S. Taylor.

Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.