States of Nature in Immanuel Kant’sDoctrine of Right

2019 ◽  
Vol 73 (3) ◽  
pp. 727-739
Author(s):  
Alan J. Kellner

From an analysis of Kant’s states of nature in each division of the Doctrine of Right—the state of nature in general and the international state of nature—this paper reinterprets Cosmopolitan Right and the duty to exit the state of nature as more colonial than previously recognized. Kant places “savages” in the state of nature, depicting them and their lawless condition as bellicose. As such, states may force them to exit the state of nature; those who encounter hostile peoples on foreign lands may be justified in aggressing. Having shown that colonial features of the Doctrine of Right cannot be wrested from the text, this paper unsettles the interpretive dominance of the established view that Kant is staunchly anti-colonial. Nevertheless, anti-colonial features of the text remain. The paper shows that interpreters must accept that Kant’s text is both colonial and anti-colonial. Kant’s global vision remained too statist to appropriately include indigenous politics. The paper closes by briefly indicating a path for future research whereby contemporary Kantian cosmopolitan projects become more attuned to—and modified in light of—the political agency and particular struggles of indigenous peoples.

2011 ◽  
Vol 24 (1) ◽  
pp. 91-111 ◽  
Author(s):  
Andrés Rosler

AbstractVery few—if any—will doubt Hobbes's aversion to the state of nature and sympathy for civil society. On the other hand, it is not quite news that it would be inaccurate to claim that Hobbes rejected the state of nature entirely. Indeed, he embraced or at the very least tolerated the state of nature at the international level in order to escape from the individual state of nature. Hobbes's recommended exchange of an individual state of nature for an international one does seem to have a smack of contradiction, arguably first noted by Rousseau. There is yet another charge of contradiction lurking around Hobbes's account of the state of nature. Hobbes's political thought would still reflect an ambivalent attitude towards a third instantiation of the state of nature, i.e. civil war. This is one of the main reasons why the political allegiance of Thomas Hobbes has been an issue ever since the publication of De Cive at the very least. This paper deals with Hobbes's differential treatment of the original and the international states of nature and discusses the source of Hobbes's somewhat ambivalent attitude towards civil war. It is here argued that Hobbes can fairly hold his ground vis-à-vis Rousseau's criticism, in spite of the normative resemblance between the international state of nature and the initial state of nature, and that Hobbes ambivalent attitude of attraction and repulsion towards civil war is actually due not so much to opportunism on his part as to the normative autonomy he has granted to the state of nature.


2002 ◽  
Vol 34 (3) ◽  
pp. 525-554 ◽  
Author(s):  
VIRGINIA Q. TILLEY

The transnational indigenous peoples' movement (TIPM) can convey important political leverage to local indigenous movements. Yet this study exposes a more problematic impact: the political authority gained by funding organisations who interpolate TIPM norms into new discourses regarding indigeneity, and deploy that discourse in local ethnic contests. In El Salvador the TIPM has encouraged the state to recognise the indigenous communities and has opened a political wedge for indigenous activism. Yet TIPM-inspired programmes by the European Union and UNESCO to support indigenous activism paradoxically weakened the Salvadorean movement by aggravating outside impressions that Salvadorean indigenous communities are ‘not truly Indian’.


2021 ◽  
pp. 203-249
Author(s):  
Geoffrey Bennington

A close reading of Hobbes stresses the latter’s recognition of a democratic or proto-democratic moment at the root of the political, at the aporetic moment of transition from the state of nature to the political state. This rather effaced priority of democracy sits uneasily with Hobbes’s deep suspicion of it, and its constant association in his work with rhetoric and oratory. A reading of Hobbes’s language theory in light of Aristotle’s distinction between phonè and logos shows how this rhetorical dimension of language is in fact irreducible (and indeed exuberantly exploited in Hobbes’s own writing), and how, especially in Hobbes’s elaborate and fascinating discussion of counsel, it relates to the structural failing both of the sovereignty Hobbes is concerned to defend and of the models of reading he promotes in the Leviathan.


2018 ◽  
Vol 46 (4) ◽  
pp. 560-585
Author(s):  
Sinja Graf

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”


2011 ◽  
Vol 19 (2) ◽  
pp. 27-42 ◽  
Author(s):  
Siobhán Ní Chatháin

This article highlights the substantial role of Irish state governmentalities in structuring migrants' ‘possible fields of action’ (Foucault 1982: 790), while taking account of the agency of migrant subjects, albeit constrained, in negotiating Irish immigration regulation. It is based on data gathered from eighteen migrant mothers of Irish citizens and argues that it is important to recognise the political agency of migrants in generating new transnational modes of belonging despite the ways in which the state circumscribes their capacities to engage in transnational practices and maintain transnational relationships. This group of migrants simultaneously endeavoured to maintain transnational practices and relationships while cultivating local identifications. Although they had complex and contradictory attitudes to citizenship, the unifying theme was that social and spatial mobility are not inimical to local belonging. However, their local and transnational practices were impeded by prevailing discourses and regulations drawing on exclusionary configurations of citizenship which combined racialised notions of Irishness with neoliberalised concepts of the ideal citizen.


2011 ◽  
Vol 4 (2) ◽  
pp. 127-143 ◽  
Author(s):  
Peter Nyers

By challenging the state's prerogative to distinguish between insiders and outsiders, citizens and non-citizens, political movements by and in support of migrants and refugees are forcing questions about what criteria, if any, can and should be used to determine who can claim membership in the political community. To illustrate the complexity of this politics this article analyzes the major demand that underscores every campaign undertaken by non-status refugees and migrants in Canada: a program that would allow them to "regularize" their status. Notably, these campaigns are being directed at both the state and city levels of governance. Together, these are two sites in which claims and counter-claims about community, belonging, and citizenship are being made by, for, and against non-status immigrants. In each case, migrant political agency is asserted in places meant to deny, limit, or repress it. The article argues that the significance of these sites is that they allow for non-status refugees and migrants themselves to act as mediators or translators between the city and nation, between polis and cosmopolis.


2020 ◽  
Vol 32 (3) ◽  
pp. 142-164
Author(s):  
S.V. Kozlov ◽  

In this article I describe the implicit conceptualization of social order which exists in Death Stranding — localized in both the setting and the mechanics of the game — and compare it with the conceptualization of Thomas Hobbes’s “Leviathan”. First, the theoretical tension between Death Stranding and “Leviathan” is traced: the speculative conceptualization of the Leviathan and the procedural conceptualization of Death Stranding are compared by clarifying the role that the concepts of action, authorization, right and sovereignty play in Hobbesian theory and the video game. Sec­ondly, the theoretical tension between the political and natural capacities of the Sovereign according to Hobbes is explicated; with the help of mate­rial from Death Stranding, a variant of its resolution is proposed, suggest­ing the conceptualization of the Sovereign-without-a-body: an instance devoid of physical capacity and materiality, yet still capable of maintaining social order as a product of its activity. Subsequently, attention is paid to the mechanics of state expansion in Death Stranding: I describe and analyze how the Sovereign-without-a-body’s messenger — the protagonist of the video game — interacts with people outside the Sovereign’s zone of influ­ence, convincing them to consent to return to the commonwealth. This theoretical move makes it possible to supplement Hobbes’s binary scheme of the state of nature and commonwealth with a third concept — the state of memory, in which the memory of the Sovereign turns out to be a deci­sive factor influencing whether the commonwealth will be restored to its former boundaries. By explicating the Hobbesian theory of imagination, I demonstrate that — in the state of memory — the Sovereign is contingent, not fully defined, and virtual.


Author(s):  
Roberta Rice

Indigenous peoples have become important social and political actors in contemporary Latin America. The politicization of ethnic identities in the region has divided analysts into those who view it as a threat to democratic stability versus those who welcome it as an opportunity to improve the quality of democracy. Throughout much of Latin America’s history, Indigenous peoples’ demands have been oppressed, ignored, and silenced. Latin American states did not just exclude Indigenous peoples’ interests; they were built in opposition to or even against them. The shift to democracy in the 1980s presented Indigenous groups with a dilemma: to participate in elections and submit themselves to the rules of a largely alien political system that had long served as an instrument of their domination or seek a measure of representation through social movements while putting pressure on the political system from the outside. In a handful of countries, most notably Bolivia and Ecuador, Indigenous movements have successfully overcome this tension by forming their own political parties and contesting elections on their own terms. The emergence of Indigenous peoples’ movements and parties has opened up new spaces for collective action and transformed the relationship between Indigenous peoples and the state. Indigenous movements have reinvigorated Latin America’s democracies. The political exclusion of Indigenous peoples, especially in countries with substantial Indigenous populations, has undoubtedly contributed to the weakness of party systems and the lack of accountability, representation, and responsiveness of democracies in the region. In Bolivia, the election of the country’s first Indigenous president, Evo Morales (2006–present) of the Movement toward Socialism (MAS) party, has resulted in new forms of political participation that are, at least in part, inspired by Indigenous traditions. A principal consequence of the broadening of the democratic process is that Indigenous activists are no longer forced to choose between party politics and social movements. Instead, participatory mechanisms allow civil society actors and their organizations to increasingly become a part of the state. New forms of civil society participation such as Indigenous self-rule broaden and deepen democracy by making it more inclusive and government more responsive and representative. Indigenous political representation is democratizing democracy in the region by pushing the limits of representative democracy in some of the most challenging socio-economic and institutional environments.


2019 ◽  
Vol 46 (5) ◽  
pp. 111-127 ◽  
Author(s):  
Juan Pablo Sarmiento Barletti ◽  
Lexy Seedhouse

A study informed by long-term fieldwork with Amazonian and Andean indigenous peoples examines their experiences of Peru’s Truth and Reconciliation Commission and Law of Prior Consultation. It engages with these efforts, which sought to address injustice by creating a new pact between the state and its indigenous citizens, their various failures, and the unintended opportunities that they have created for the political participation of indigenous peoples and their representatives.Un estudio basado en el trabajo de campo a largo plazo con los pueblos indígenas amazónicas y andinos examine sus experiencias de la Comisión de Verdad y Reconciliación y la Ley de Consulta Previa de Perú, que buscaba abordar la injusticia creando un nuevo pacto entre el estado y sus ciudadanos indígenas. Aborda sus diversos fracasos y las oportunidades no previstas que han creado para la participación políticas de los pueblos indígenas y sus representantes.


2021 ◽  
pp. 270-289
Author(s):  
Michael Smith

The chapter assumes that the state of nature is the state of the world prior to the existence of social rules, and then goes on to argue for the following claims. (1) We have reasons for action in the state of nature. (2) In those state of nature worlds in which we all know what reasons for action we have and are motivated to act on them—for short, those worlds in which we are ideal—these reasons for action would support our exiting the state of nature, that is, our creating and maintaining certain social rules. (3) The social rules we have reasons to create would include social rules telling us what to do in both worlds in which we are ideal and nearby worlds in which we are non-ideal. (4) These need not be rules that we have any reason to abide by in the actual world in which we are non-ideal. (5) Thinking about the role of social rules in fixing what we have reason to do in those states of nature in which we are ideal and non-ideal suggests a complicated and novel story about what we have knowledge of, insofar as we have knowledge of what we have reason to do in the actual world in which social rules exist willy-nilly.


Sign in / Sign up

Export Citation Format

Share Document