Force and Freedom: Kant’s Legal and Political Philosophy [Arthur Ripstein] on *FREE* shipping on qualifying offers. In this masterful work, both an. Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy, Harvard UP, , pp., $ (hbk), ISBN Arthur Ripstein’s Force and Freedom is a major accomplishment; there is something to be learned from virtually every page. Ripstein’s goal is to reconstruct and.

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This website uses cookies to improve user experience. External Freedom in Kant’s Rechtslehre: This among many other Kantian assertions would seem directly to contradict the claim that it “follows from” the principle ristein ethics.

This book is also available in other formats: That Hobbes seems largely to have won out in the way philosophers think about freedom, is attested by the fact that on issue after issue, Ripstein must begin by arguing that from the Kantian standpoint, all the now familiar approaches ask the wrong questions, so that much of this book is a Kantian reformulation of the terms in which familiar issues of law and politics should be discussed.

Kant may redescribe many cases in which his position is thought indefensible. But Ripstein points out that while “Kant’s understanding of the basic range of public powers is austere in one sense, [it is] permissive in another”. And if the principle of right is such an “extension” why doesn’t Kant present it this way — by first stating the Categorical imperative and then explicitly introducing the concept of right as an “extension” of it?

It was drawn from what Quentin Skinner and Philip Pettit have called the “republican” or “neo-republican” tradition in early modern politics.

In this masterful work, ropstein 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. Whereas Locke allows a person to appropriate a thing subject only to the proviso that others are not made worse off, Kant insists that the formal character of right makes welfare considerations irrelevant, and the “mine or yours” structure of the right to things forxe instead that any determinate and enforceable right of ownership requires a public or “omnilateral authorization” that cannot be found in a state of nature but becomes possible only in a “condition of right” or law-governed civil society, involving an authority empowered to act in the name of all p.


History of Western Philosophy. Ripstein, Force and Freedom: This requires a “postulate” not independently demonstrable that a free person may take control of an external object in rightful pursuit of an end. Realism in Normative Political Theory. Persons and Bodies Japa Pallikkathayil 3. Find it on Scholar. Chapter 1 is a general overview of Kant’s theory of law and justice. Request removal from index.

Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy – PhilPapers

He was already over 70, and I was still in my twenties, having just published my first book on Kant. But if the principle of right involves an “extension” of the categorical imperative, and is not a “derivation” from it, how can it also “follow” from it? Chapter 7’s treatment of international right seems vreedom to reconcile with what Kant defends in all his main writings on the subject.

Law and Practical Reason.

Chapter 2 expounds Kant’s conception of the innate right of humanity. It emphasizes the forxe character of Kant’s neo- republican concept of freedom, and also the equality built into it as purely formal, in contrast to approaches that treat “equal” freedom as equal distribution of ripsrein benefit p.

Ripstein argues, for instance, that when the poor are supported through any form of charity, however benevolently intended, this puts them in essentially the same position they would be in if they were slaves.

Revolution and the Right of Human Beings as Such.

Force and Freedom

George Pavlakos – – Jurisprudence 1 2: Kantian external freedom is not a matter of advantage, welfare or other “material” considerations, and the innate equality it involves is not a matter of an equal distribution of any benefit.

Choice, Ripstein points out, for Kant as for Aristotle, is distinguished from mere wish by the fact that you take yourself to have the means available to pursue your end p. Harvard University Press The innate right to freedom concerns pursuit of your ends based on the means available through your own body. It ought to be a book, he declared, that did not start out from Kantian ethics, but instead expounded Kant’s theory of human rights, law and politics authenticallysolely on the ground of Kant’s concept of Recht: Wood – rpistein Notre Dame Philosophical Reviews Redistribution and Equality of Opportunity.


Kant’s theory forec right into two basic spheres: Google Books no proxy From the Publisher via CrossRef no proxy Setup an account with your affiliations in order to access resources via your University’s proxy server Configure custom proxy use this if your affiliation does not provide a proxy. This chapter also treats Kant’s discussion of the way in which one can wnd, not another person, but the other person’s status as spouse, child or servant. forxe

Force and Freedom

Chapter 11 discusses Kant’s notorious rejection of the right of revolution. Ripstein defends such a treatment of the case of Nazi Germany in some empirical detail, making a very persuasive case for this Kantian approach to it.

Edmundson – – Ethics 4: In ChaptersRipstein contrasts Kant’s approach to property rights not only with approaches that treat such rights as functions of some distributive agenda concerning the benefits of the use of things, but also with a Lockean approach.

Ripstein supplements this interpretation chiefly by arguing on Kantian formal grounds that punishment must be drawn from the nature of the criminal’s act rather than from consequentialist or deterrence considerationsclaiming that this underwrites Kant’s insistence on forrce Ius Talionis. Ripstein begins by rejecting as fundamentally un-Kantian the too familiar project of doing political philosophy by “applying general moral principles to the factual circumstances that anx political society necessary” p.

Freedom and Force

He contrasts this with a libertarian model, according to which a state is the creation of private persons empowered, essentially as only another private person, to do what they have set it up to do. Crime, Freedom and Civic Bonds: Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. He therefore emphasizes Kant’s rejection of private or religious charity, and his insistence that the poor should be provided for through taxation of the rich pp.

So our conversation, which consisted mainly of youth listening to the superior wisdom of age, centered on the current state of Kant scholarship.