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 free states.  A covenant of peace.

 

III. The rights of men, as citizens of the world, shall be limited to the conditions of universal hospitality.