Kant's Social Contract Theory
Theory of right not power
(echoing Rousseau).
Natural state is more a state
of war than a state of peace.
Right in the law is based on
freedom, not happiness (utility). Why?
The problem of a priori (based on reason
alone) vs. a posteriori (based on experience) determinations of right.
Consequentialist accounts of
legitimacy or justice or rightness based justice on some non-moral conception
of well-being or happiness.
Nonconsequentialist accounts
of legitimacy or justice or rightness are not consequentialist.
Is Kant's account of
political legitimacy consequentialist or nonconsequentialist? What about the other authors we have read?
HISTORICAL VS. HYPOTHETICAL CONSENT
Right (legitimacy) is not
based on the terms of an historical contract.
Why not?
What is the original contract
for Kant? An idea of
reason.
What is the test for
legitimacy? The
hypothetical consent test.
What type of decision making
procedure for legislation is included in the original contract?
How does Kant's public will
resemble Rousseau's general will? How
does it differ from it?
THE A PRIORI PRINCIPLES OF A LEGITIMATE GOVERNMENT
What principles does Kant
believe pass the test?
(1) the
freedom of each member of society as a human being;
Protected sphere of freedom
defined logically, not in terms of well-being.
Freedom
from paternalism. When is a law paternalistic?
When it is aimed at promoting
to good of people, even though they themselves don't think it is good for them.
Why are legal solutions to
collective action problems not paternalistic?
What are some examples of
laws that seem to have paternalistic aims?
(2) the
equality of each member with every other member as a subject of the state.
What is a subject?
Equality before the law
implies no hereditary legal distinctions.
(3) the
independence of each member of the community as a citizen.
What is a citizen?
Who counts as a citizen and
who does not?
Think of these as
constitutional provisions, which constrains all other
laws.
Is the head of state bound by
the laws?
Is there a right to rebel?
What inalienable rights do
subjects have against the government?
Freedom of expression
("the pen", includes some freedom of the press, freedom of religion.
Should they be regarded as
rights, if they cannot be coercive"(564)?
Kant on International Justice (and Perpetual Peace)
Why is Kant optimistic about moral
progress?
Why does Kant believe that
the evolution of rights respecting republics is inevitable? Explain why it is an invisible hand process?
Why does Kant believe that
war will be eliminated? How will it
happen?
The Articles of Perpetual Peace
I. The civil constitution of
each state shall be republican. Why not
democratic?
II. The law of nations shall
be founded on a federation of
III. The rights of men, as
citizens of the world, shall be limited to the conditions of universal
hospitality.