Sovereignty as a Right and as a Duty: Kant's Theory of the State

Claire Finkelstein and Michael Skerker (eds) Sovereignty and the New Executive Authority (Oxford: University Press, Forthcoming).

28 Pages Posted: 1 Jun 2017

Date Written: May 29, 2017

Abstract

Critics of Immanuel Kant’s legal and political philosophy argue that his theory of the state collapses into one of two extremes. For some, Kant is a quietist who regards positive law as the instantiation of justice and thereby deprives himself of a moral standpoint for the criticism of positive law. For others, Kant is an anarchist who denies the authority of law whenever it deviates from the demands of justice. I argue that these interpretations are the opposing products of a common error: the failure to distinguish between Kant’s justification of the right of the state to exercise public authority and his corresponding theory of a perfectly just state. Once these aspects of his theory of the state are disentangled, Kant’s transformative vision comes into view. Far from reducing the idea of a state to either an authoritative fiat or a utopian vision of justice, Kant offers a standpoint for recognizing (1) the public authority of existing states, (2) the standard of justice for assessing the moral adequacy of those states, and (3) the ongoing duty of existing states to direct the exercise of public authority to the deepest possible fulfillment of public justice.

Keywords: Kant, Immanuel; sovereignty; freedom; the state; authority; anarchy; justice; anarchism

Suggested Citation

Weinrib, Jacob, Sovereignty as a Right and as a Duty: Kant's Theory of the State (May 29, 2017). Claire Finkelstein and Michael Skerker (eds) Sovereignty and the New Executive Authority (Oxford: University Press, Forthcoming).. Available at SSRN: https://ssrn.com/abstract=2976485

Jacob Weinrib (Contact Author)

Queen's University ( email )

Sutherland Hall
Room 544
Kingston, Ontario K7L3N6
Canada
416 452 9268 (Phone)

HOME PAGE: http://https://queensu.academia.edu/JacobWeinrib

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