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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Revolution and the Right of Human Beings as Such. 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 requires 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 ri;stein of all p.

Lea Ypi – – European Journal of Freedkm 22 2: Kate Moran – – Canadian Journal of Philosophy 47 4: Here he focuses mainly on issues of the parental responsibilities for children, and avoids taking up the other applications Kant makes of this category, which most of us today would regard as indefensible, or at best only partly defensible. Torben Spaak – – Ratio Juris 24 2: Basic to this concept of freedom is being “your own master” sui jurisin contrast to being like a slave or serf subordinated to the will of another.

Ripstein argues for the Kantian thesis that rightfully sharing purposes with others is not possible merely through adding one person’s volition to another’s, but requires a “joining of wills” through mutual acts, each of which takes the other’s volitional act as an object p. The innate right to freedom needs to be extended, as Kant argues, to means outside your body through the right of property over things, and rights relating to other persons — of contract and of status — which comprehend the sphere of “private right”.

Force and Freedom

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”. Karl Olivecrona’s Legal Philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit.

The Innate Right of Humanity.

Ripstein also argues that on a Kantian account, “if illness and medical expenses regularly lead citizens to fall into conditions of dependency, a state can act proactively to provide publicly funded universal health care” p. Kant may redescribe many cases in which his position is thought indefensible.


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: The essays offer readings and elucidations of Ripstein’s thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein’s ideas for contemporary legal and political philosophy.

This would include not only protecting them from a condition of poverty that threatens their bodily survival a condition of free agency but also from relations of dependency on others. So our conversation, which consisted mainly of youth listening to the superior wisdom of age, centered on the current state of Kant scholarship. I can only report that I find it, and his attempt to ripstdin the main question, deeply unsatisfying.

Arthur Ripstein University of Toronto, St. A Permissive Theory of Territorial Rights. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today.

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Ripstein’s book is a survey of the arguments through which Kant constructs a theory that ri;stein all this, and a discussion of the issues of law and politics that arise in the course of doing it. 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 make political society necessary” p.

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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? The state may act only in ways consistent with each citizen’s innate right to freedom, but its duty to create and maintain a rightful condition involves powers that are “capacious and open-ended” and “does not preclude most of the familiar activities of modern states” p. Ripstein also argues that consent cannot be understood as a merely unilateral act, but always has the structure of an offer and an acceptance, requiring both parties to join their wills pp.

Wood – – Notre Dame Philosophical Reviews 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. These rights further need to be secured, enforced and determined by the creation of a common power capable of establishing a “condition of right” — the sphere of “public right”. Giving Laws to Ourselves.

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

Until now, however, I have never found the book Gadamer thought so badly needed to be written. Uleman – – Philosophy and Phenomenological Research 68 3: Chapters 7 and 8 emphasize the public and universal function of the law, and the fact that a condition of right requires certain forms of mandatory co-operation that could not, from gorce Kantian standpoint, be justified on any grounds of welfare or private benefit.


Arthur Ripstein’s Force and Freedom: Chapter 11 discusses Kant’s notorious rejection of the right of revolution. Gadamer told me I should write such a book — a recommendation I found flattering, but I also immediately and silently dismissed, partly because my principal interest in Kant creedom precisely in his ethics, but chiefly because I thought it could be snd properly only by someone who had much more knowledge of law than I had, or ever intended to acquire.

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This collection of essays takes as its starting point Arthur Ripstein’s Force and Freedom: The fact that Kant’s theory of right is grounded solely on the individual’s right to freedom independence of another’s will has suggested to many it must be libertarian in spirit.

Science Logic and Mathematics. 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.

It also does not provide, in my view, a satisfactory interpretation of certain parts of it, such as punishment and international right. In this masterful work, both 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.

Force and Freedom — Arthur Ripstein | Harvard University Press

Mills – – Res Philosophica 95 1: Perpetual peace is unattainable because the only rightful forum for establishing it is voluntary and can be dissolved … A permanent congress of states has no creedom to perpetuate itself, and any member is entitled to withdraw from it p. Ripstein offers an interpretation similar to Jan Joerden and Alyssa Bernstein: Freedom means pursuing ends you have chosen, rather than ends chosen for you by others. Persons and Bodies Japa Pallikkathayil 3.

He then cites Kant’s claim that the principle of right enters “as a postulate that is incapable of further proof” MS 6: Find it on Scholar. But I’m sorry that Gadamer, though he lived to the age ofstill did not live long enough to read it.