Kant on Legal Positivism and the Juridical State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 73-105
Author(s):  
Joel T. Klein

Abstract In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.

2020 ◽  
Vol 82 (4) ◽  
pp. 548-570
Author(s):  
Antong Liu

AbstractThis article provides a reinterpretation of Kantian honor to resolve an ongoing debate concerning Kant's mixed attitude toward honor and to clarify the political implications of honor. Kant develops two distinct types of honor in his practical philosophy: natural honor as a human desire and ethical honor as a transcendental virtue. The conflict between these two types of honor can be resolved not in Kant's ethics but in his political theory, which tolerates nonmoral motivations owing to their positive impact on politics and which presumes an imperfect world where political authority has difficulties in properly punishing disrespect. As a viable motivation for citizens to fight disrespect in a principled way, a reformed Kantian honor that combines the normative content of ethical honor and the motivating power of natural honor into a single whole can be conducive to the politics of mutual respect.


2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Claus Offe

The “will of the (national) people” is the ubiquitously invoked reference unit of populist politics. The essay tries to demystify the notion that such will can be conceived of as a unique and unified substance deriving from collective ethnic identity. Arguably, all political theory is concerned with arguing for ways by which citizens can make e pluribus unum—for example, by coming to agree on procedures and institutions by which conflicts of interest and ideas can be settled according to standards of fairness. It is argued that populists in their political rhetoric and practice typically try to circumvent the burden of such argument and proof. Instead, they appeal to the notion of some preexisting existential unity of the people’s will, which they can redeem only through practices of repression and exclusion.


Author(s):  
Sara Brill

Aristotle on the Concept of Shared Life studies Aristotle’s understanding of the political character of human intimacy via an examination of the zoological frame informing his political theory. It argues that the concept of shared life, i.e. the forms of intimacy that arise from the possession of logos and the capacity for choice, is central to human political partnership, and serves to locate that life within the broader context of living beings as such, where it emerges as an intensification of animal sociality. As such it challenges a long-standing approach to the role of the animal in Aristotle’s thought, and to the recent reception of Aristotle’s thinking about the political valence of life and living beings.


2021 ◽  
pp. 009059172110278
Author(s):  
Colin Koopman

Despite widespread recognition of an emergent politics of data in our midst, we strikingly lack a political theory of data. We readily acknowledge the presence of data across our political lives, but we often do not know how to conceptualize the politics of all those data points—the forms of power they constitute and the kinds of political subjects they implicate. Recent work in numerous academic disciplines is evidence of the first steps toward a political theory of data. This article maps some limits of this emergent literature with an eye to enriching its theoretical range. The literature on data politics, both within political theory and elsewhere, has thus far focused almost exclusively on the algorithm. This article locates a further dimension of data politics in the work of formatting technology or, more simply, formats. Formats are simultaneously conceptual and technical in the ways they define what can even count as data, and by extension who can count as data and how they can count. A focus on formats is of theoretical value because it provides a bridge between work on the conceptual contours of categories and the technology-centric literature on algorithms that tends to ignore the more conceptual dimensions of data technology. The political insight enabled by format theory is shown in the context of an extended interrogation of the politics of racialized redlining.


2021 ◽  
pp. 009059172199807
Author(s):  
Liam Klein ◽  
Daniel Schillinger

Political theorists have increasingly sought to place Plato in active dialogue with democracy ancient and modern by examining what S. Sara Monoson calls “Plato’s democratic entanglements.” More precisely, Monoson, J. Peter Euben, Arlene Saxonhouse, Christina Tarnopolsky, and Jill Frank approach Plato as both an immanent critic of the Athenian democracy and a searching theorist of self-governance. In this guide through the Political Theory archive, we explore “entanglement approaches” to the study of Plato, outlining their contribution to our understanding of Plato’s political thought and to the discipline of political theory.


2021 ◽  
pp. 147892992110233
Author(s):  
Cristian Pérez-Muñoz

Political theorists affiliated with Latin American and Caribbean academic institutions rarely publish in flagship journals or other important outlets of the discipline. Similarly, they are not members of the editorial boards of high-ranking, generalist or subfield journals, and their research is not included in the political theory canon of what students from other regions study. The aim of this article is not to explain the origins of this silence—though some possibilities are considered—but to describe some of the ways in which it manifests and why it matters. I argue that the exclusion or omission of Latin American and Caribbean voices is a negative outcome not only for Latin American and Caribbean political theorist but for the political theory subfield at large. In response, I defend a context-sensitive approach to political theory, which has the potential to provide greater voice to Latin American and Caribbean scholars while improving theoretical analysis of Latin America and Caribbean.


2020 ◽  
Vol 3 (1) ◽  
pp. 56-65
Author(s):  
Mario De Benedetti

AbstractThe purpose of this article is to contextualize Bruno Leoni’s political theory within the Digital Information Society, a new dimension of public participation in the political arena and a sign of the democratic transition through new forms of involvement by public opinion. In particular, the evolution of the Information Society will be briefly examined starting from the studies of Fritz Machlup, considered its progenitor, to pass to the examination of the Leonian concept of law and politics in the technological society, with reference to Norbert Wiener and Karl Deutsch’s cybernetic theory. This paper will attempt to describe the evolutive process of political participation in democratic society by reinterpreting the thought of Bruno Leoni concerning Democracy, the State and the homo telematicus in the digital social order.


2021 ◽  
Vol 20 (1-2) ◽  
pp. 632-638
Author(s):  
Stephanie A Bryson

This reflexive essay examines the adoption of an intentional ‘ethic of care’ by social work administrators in a large social work school located in the Pacific Northwest. An ethic of care foregrounds networks of human interdependence that collapse the public/private divide. Moreover, rooted in the political theory of recognition, a care ethic responds to crisis by attending to individuals’ uniqueness and ‘whole particularity.’ Foremost, it rejects indifference. Through the personal recollections of one academic administrator, the impact of rejecting indifference in spring term 2020 is described. The essay concludes by linking the rejection of indifference to the national political landscape.


1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?


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