Kant on Property Rights and the State

2010 ◽  
Vol 15 (1) ◽  
pp. 57-87 ◽  
Author(s):  
Louis-Philippe Hodgson
Keyword(s):  
Political Philosophy ◽  
Property Rights ◽  
The State ◽  
Human Beings ◽  
Rational Agents ◽  
State Legitimacy ◽  
State Of Nature ◽  
Civil Condition ◽  
Central Claim

The central claim of Kant's political philosophy is that rational agents sharing a territory can justifiably be forced to live under a state; they have, in Kant's words, a duty of right to leave the state of nature. Perhaps something along these lines is entailed by any theory of state legitimacy, but the point raises special difficulties for Kant. He believes that rational agents have a right to freedom; that is, he believes that a rational agent's external freedom - her ability to set and pursue ends for herself without being subject to the choices of others - can justifiably be restricted only for the sake of external freedom itself. To establish that human beings can be forced to join a civil condition, it will therefore not do to show that the state promotes security, prosperity or any other such value: Kant has to show that human beings living side by side need a state to be free.

Kant’s Provisionality Thesis

2019 ◽  
Vol 24 (3) ◽  
pp. 439-463 ◽  
Author(s):  
J. P. MESSINA
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Standard View ◽  
State Of Nature ◽  
External Objects ◽  
Civil Condition ◽  
Normative Implications

AbstractI argue that Kant’s mature political philosophy entails the provisionality thesis. The provisionality thesis asserts that in a world like ours, populated with beings sufficiently like us, acquired rights (rights to external objects of choice, including property, sovereignty and territory) are necessarily provisional. I motivate the standard view, which restricts the notion of provisional right to the state of nature and the transition from the state of nature to the civil condition. I then provide two textual arguments against it. I conclude by reflecting on the normative implications of the provisionality thesis, arguing that they are more modest than has been formerly appreciated.

scholarly journals Nature and Artifice in Hobbes’s International Political Thought

2015 ◽  
Vol 28 (1) ◽  
pp. 18-34
Author(s):  
Maximilian Jaede
Keyword(s):  
Political Philosophy ◽  
International Relations ◽  
Political Thought ◽  
The State ◽  
Foreign Affairs ◽  
Human Beings ◽  
State Of Nature ◽  
Lasting Peace ◽  
Contrary Effect

This article argues that the artificiality of Hobbesian states facilitates their coexistence and eventual reconciliation. In particular, it is suggested that international relations may be characterised by an artificial equality, which has a contrary effect to the natural equality of human beings. Unlike individuals in Hobbes’s account of the state of nature, sovereigns are not compelled to wage war out of fear and distrust, but have prudential reasons to exercise self-restraint. Ultimately rulers serve as disposable figureheads who can be replaced by a foreign invader. Thus, this article highlights the implications of Hobbes’s views on sovereignty by acquisition, which allow for states to be decomposed and reassembled in order to re-establish lasting peace. It is concluded that these findings help to explain why Hobbes does not provide something akin to modern theories of international relations, as foreign affairs appear to be reducible to a matter of either prudence or political philosophy.

scholarly journals Zur Kritik der libertären Eigentumskonzeption

1981 ◽  
Vol 3 (2) ◽  
Author(s):  
Peter Koller
Keyword(s):  
Political Philosophy ◽  
Property Rights ◽  
The State ◽  
Natural Rights ◽  
Point Of View ◽  
Theory Of Justice ◽  
State Of Nature ◽  
Entitlement Theory

AbstractNozick’s entitlement theory of justice is, besides Rawls’s theory, one of the most widely discussed and intellectually most attractive conceptions within the field of contemporary political philosophy. Nozick’s theory uses Locke's conception of the state of nature and of natural rights, and tries, starting from this point of view, to deliver a comprehensive systematisation of libertarian political ideals. This essay deals mainly with Nozick’s conception of property rights. The argument is put forward that the concept of exclusive and unrestrictable ownership of which Nozick makes use, doesn’t find any acceptable justification on the basis of his theory.

Implications

2017 ◽  
Author(s):  
Karl Widerquist ◽  
Grant S. McCall
Keyword(s):  
Property Rights ◽  
The State ◽  
Natural Property ◽  
Government Failure ◽  
State Of Nature ◽  
Best Response ◽  
Lockean Proviso ◽  
Definition Of ◽  
Taking Action ◽  
Disadvantaged People

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.

Oxford Studies in Political Philosophy, Volume 3

2017 ◽  
Keyword(s):  
Political Philosophy ◽  
Social Issues ◽  
Just War Theory ◽  
The State ◽  
State Legitimacy ◽  
Ex Post ◽  
Personal Morality ◽  
George Sher ◽  
Parent Child Relationships ◽  
David Enoch

This volume features ten papers in political philosophy, addressing a range of central topics and represent cutting-edge work in the field. Papers in the first part look at equality and justice: Keith Hyams examines the contribution of ex ante equality to ex post fairness; Elizabeth Anderson looks at equality from a political economy perspective; Serena Olsaretti’s paper studies liberal equality and the moral status of parent–child relationships; and George Sher investigates doing justice to desert. In the second part, papers address questions of state legitimacy: Ralf Bader explores counterfactual justifications of the state; David Enoch examines political philosophy and epistemology; and Seth Lazar and Laura Valentini look at proxy battles in just war theory. The final three papers cover social issues that are not easily understood in terms of personal morality, yet which need not centrally involve the state: the moral neglect of negligence (Seana Valentine Shiffrin), the case for collective pensions (Michael Otsuka); and authority and harm (Jonathan Parry).

The Role of Women in Hobbes's Economic Thought

2021 ◽  
pp. 1-17
Author(s):  
Joanne Boucher
Keyword(s):  
Gender Politics ◽  
Economic Thought ◽  
The State ◽  
Human Beings ◽  
State Of Nature ◽  
Role Of Women ◽  
And Gender

Abstract This article examines the role of women in Hobbes's economic thought. First, I frame Hobbes's economic thought in relation to his philosophical materialism so as to underscore the extent to which Hobbes's materialism entails the insight that human beings are, by definition, productive, economic creatures. I argue that his description of the economy, even without explicit acknowledgment, necessarily positions women as crucial economic actors. I then consider the implications of this in relation to the feminist possibilities of Hobbes's gender politics. I conclude that when deliberating on this question, we face the same conundrum that is evident in all literature considering Hobbes and gender. His radical comments about women in the state of nature are undermined by his seeming indifference to the state of women in commonwealths once they are founded.

The Grounds of Justice

2012 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Political Philosophy ◽  
Distributive Justice ◽  
Global Justice ◽  
The State ◽  
Human Beings ◽  
Global Order ◽  
Systematic Theory ◽  
Comprehensive View ◽  
Principles Of Justice ◽  
Pluralist Approach

This book explores the question of what it is for a distribution to be just globally and proposes a new systematic theory of global justice that it calls pluralist internationalism. Up to now, philosophers have tended to respond to the problem of global justice in one of two ways: that principles of justice either apply only within states or else apply to all human beings. The book defends a view “between” these competing claims, one that improves on both, and introduces a pluralist approach to what it terms the grounds of justice—which offers a comprehensive view of obligations of distributive justice. It also considers two problems that globalization has raised for political philosophy: the problem of justifying the state to outsiders and the problem of justifying the global order to all.

1. The state of nature

2015 ◽  
Author(s):  
Jonathan Wolff
Keyword(s):  
John Locke ◽  
Thomas Hobbes ◽  
The State ◽  
Human Beings ◽  
State Of Nature

This chapter examines whether it is possible for human beings to live in a state of nature. Sometimes it is claimed that not only have human beings always lived under a state, but that it is the only way they possibly could live. On this view, which is often associated with Aristotle, the state exists naturally in the sense of being natural to human beings. In response, some theorists argue that human beings have been able to live without the state. To elucidate the issue further, this chapter analyses the views of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. It also considers the arguments of anarchists and suggests that the gap between rational anarchism and the defence of the state is vanishingly small.

scholarly journals The Nature and Limits of the Duty of Rescue

2020 ◽  
Vol 17 (3) ◽  
pp. 320-341
Author(s):  
David Miller
Keyword(s):  
Political Philosophy ◽  
Social Justice ◽  
Social Contract ◽  
Global Poverty ◽  
Body Parts ◽  
Human Beings ◽  
State Legitimacy ◽  
Starting Point ◽  
Fair Procedure ◽  
Do So

Virtually everyone believes that we have a duty to rescue fellow human-beings from serious danger when we can do so at small cost to ourselves – and this often forms the starting point for arguments in moral and political philosophy on topics such as global poverty, state legitimacy, refugees, and the donation of body parts. But how are we to explain this duty, and within what limits does it apply? It cannot be subsumed under a wider consequentialist requirement to prevent harm. Nor can it be understood as a duty of social justice that citizens owe to one another under a social contract for mutual protection. Instead it is a sui generis duty of justice that arises from the direct physical encounter between rescuer and victim, and is accordingly limited in scope. However the simplicity of the duty evaporates when multiple potential rescuers are present. Here responsibility lies with the collective as a whole until it is assigned by a fair procedure to individual members. Each individual is required as a matter of justice to discharge that share, but not more, though in the case that others do not comply, he will have a reason, and sometimes a humanitarian duty, to take up the slack.

Man is a Wolf to Man1

2015 ◽  
Author(s):  
Judith Still
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Fruit And Vegetables ◽  
The Self ◽  
The Other ◽  
Scarce Resources ◽  
State Of Nature ◽  
Other Hand ◽  
Natural Man

This focuses on Derrida’s analysis of the figure of the wolf in the first volume of The Beast and the Sovereign, particularly in La Fontaine’s fables (where the wolf can represent the sovereign as well as the outlaw) and in political philosophy of the seventeenth and eighteenth centuries, notably Hobbes’s De Cive and Rousseau’s Discourses. This is developed with reference to other texts of the period such as the Encyclopédie in which wolves are represented as man’s enemies, rivals for scarce resources, notably food. The wolf is typically evoked as solitary and hungry; for Hobbes he, like man in the state of nature, is dangerous. For Rousseau, on the other hand, both wolf and pre-social man are shy rather than violent, preferring flight to fight – and food is naturally abundant for natural man who would in any case prefer fruit and vegetables to meat. The politics of food and taste are critical both in the self-fulfilling prophecy that man will become a wolf to man, and in the extermination of wolves.

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