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Author: Arthur Ripstein Publisher: Harvard University Press ISBN: 0674054512 Category : Philosophy Languages : en Pages : 416
Book Description
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. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. 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. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: Arthur Ripstein Publisher: Oxford University Press ISBN: 0197604226 Category : Law Languages : en Pages :
Book Description
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
Author: Kenneth R. Westphal Publisher: Oxford University Press ISBN: 0191064122 Category : Philosophy Languages : en Pages : 208
Book Description
Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.
Author: Sven Nyholm Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110401320 Category : Philosophy Languages : en Pages : 180
Book Description
This book offers new readings of Kant’s “universal law” and “humanity” formulations of the categorical imperative. It shows how, on these readings, the formulas do indeed turn out being alternative statements of the same basic moral law, and in the process responds to many of the standard objections raised against Kant’s theory. Its first chapter briefly explores the ways in which Kant draws on his philosophical predecessors such as Plato (and especially Plato’s Republic) and Jean-Jacque Rousseau. The second chapter offers a new reading of the relation between the universal law and humanity formulas by relating both of these to a third formula of Kant’s, viz. the “law of nature” formula, and also to Kant’s ideas about laws in general and human nature in particular. The third chapter considers and rejects some influential recent attempts to understand Kant’s argument for the humanity formula, and offers an alternative reconstruction instead. Chapter four considers what it is to flourish as a human being in line with Kant’s basic formulas of morality, and argues that the standard readings of the humanity formula cannot properly account for its relation to Kant’s views about the highest human good.
Author: Otfried Höffe Publisher: Cambridge University Press ISBN: 9781107451483 Category : Philosophy Languages : en Pages : 0
Book Description
This volume brings to English readers the finest postwar German-language scholarship on Kant's moral and legal philosophy. Examining Kant's relation to predecessors such as Hutcheson, Wolff, and Baumgarten, it clarifies the central issues in each of Kant's major works in practical philosophy, including The Groundwork of the Metaphysics of Morals, The Critique of Practical Reason, and The Metaphysics of Morals. It also examines the relation of Kant's philosophy to politics. Collectively, the essays in this volume provide English readers with a direct view of how leading German philosophers are now regarding Kant's revolutionary practical philosophy, one of the outstanding achievements of German thought.
Author: Sofie Møller Publisher: Cambridge University Press ISBN: 1108498493 Category : History Languages : en Pages : 211
Book Description
This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.
Author: Eric Watkins
Author: Eric Watkins
Author: Arthur Ripstein
Author: Arthur Ripstein
Author: Immanuel Kant
Author: Kenneth R. Westphal
Author: Immanuel Kant
Author: Sven Nyholm
Author: Otfried Höffe
Author: Otfried Höffe
Author: Sofie Møller