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Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.
The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, cons...
Kant describes the concept of freedom as "the keystone of the whole structure of a system of pure reason, even of speculative reason." Kant's theory of freedom thus plays a foundational and unifying role in all aspects of his philosophy and is thus of significant interest to historians of Kant's philosophy. Kant's theory of freedom has also played a significant role in contemporary debates in metaphysics, normative ethics, and metaethics. This volume brings historians of Kant's philosophy into conversation with contemporary metaphysicians and ethicists with the aim of representing the current state of scholarship on Kant's and Kantian accounts of freedom while at the same time opening new avenues of exploration. The Idea of Freedom includes papers by leading scholars on a range of historical and contemporary topics centrally related to the Kantian theory of freedom, including transcendental idealism, determinism, Kant's normative ethical theory, Kant's conception of cognition, Kant's theory of beauty, Kant's conception of logic, and many others.
Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
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.
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 descriptio...
Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights examines the role and normative implications of Kant's understanding of happiness for his moral, political, and legal philosophy. Kant’s underlying assumptions about happiness are rarely overtly discussed or given much detail in his works. By bringing these assumptions to the fore, Alice Pinheiro Walla sheds light on some puzzling claims and on the scattered, sometimes contradictory remarks Kant makes about happiness. The book shows that happiness shapes or indirectly influences Kant’s methodology and many of his conclusions, including his views on the nature of practical rationality, meta-ethics, t...
This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.