This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a syllogistic deduction from (...) innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition. (shrink)

This article examines an appendix to the Doctrine of Virtue which has received little attention. I argue that this passage suggests that Kant makes it a duty, internal to his system of duties, to ‘join the graces with virtue’ and so to ‘make virtue widely loved’ (MM, 6: 473). The duty to make virtue widely loved obligates us to bring the standards of respectability, and so the social graces, into a formal agreement with what morality demands of us, such that (...) the social graces give the illusion of virtue. The existence of such a duty can answer Schiller’s persistent objection that Kant’s ethics scares away the Graces with Duty. (shrink)

ABSTRACT This article examines the under-researched figure A.W. Rehberg in his exchange with Kant over the relationship between theory and practice in the philosophy of right. I argue that Rehberg raises, what I call, two problems of political matter which attempt to show that Kant's overly formal approach to political theory cannot justifiably determine political practice. The first problem is the problem of positive determinations of right, rather than merely negative prohibitions. Rehberg takes this to mean that Kant cannot determine (...) us to a specific form of constitution. I argue that Kant's innovation of intelligible property functions as a response to this critique in that it provides the possibility of synthetic propositions of right a priori. Second, Rehberg insists that an a priori system of right cannot relate to already formed historical communities. Here Kant's response comes close to agreeing with Rehberg as Kant takes prudential or historical reasoning to harmonize with the demands of a priori right in order to applied to the sensible world. Kant, in this instance, comes closer to Rehberg by denying centralized enlightened monarchy and the reliance on natural and historical development for the application of right. (shrink)

Whether and to what extent Ernst Cassirer’s philosophy of culture contains a normative element for the proper evaluation of symbolic forms is a central question in Cassirer interpretation. In this paper, my aim is to specify the nature of this normative element. I not only assert the existence of a real normative dimension in the philosophy of culture, but also specify the nature of its main element: the concept of freedom. The concept of freedom in Cassirer is by no means (...) an explicit facet of his systematic thought. However, this does not indicate that this is not an important part of his system. Rather, it might mean that Cassirer either thought it so basic he didn’t need to explicate it or he thought that it would be made clear through his exposition of symbolic forms. I will proceed by arguing for a “normative space” in Cassirer’s philosophy of culture. By “normative space” I mean a certain limitation to the philosophy of culture that makes room for the free act of the cultural agent for which she is responsible. In other words, by “normative space” I mean to suggest that Cassirer meant to leave room, and a prominent seat, for the normative element in the philosophy of culture. After establishing this, I will suggest that this normative task in the philosophy of culture is, from a first-person perspective, inevitably connected to the descriptive task, but from a third-person perspective, conceptually distinct. I will then move to better define what I take to be the main value of the normative task: freedom. The freedom that Cassirer defends is an ethical conception understood as both a constitutive norm for cultural action and a regulative ideal for the evaluation of cultural objects. Understanding freedom in this way allows us to conceive of it both as a fundamental phenomenon and an evaluative standard. (shrink)

Result of a conference, "Sociobiology: implications for human studies", held at San Francisco State University on June 14-15, 1977. Includes index. Bibliography: p. 295-316.

ABSTRACT This is the first English translation of A.W. Rehberg's Über das Verhältnis der Theorie zur Praxis which was a published as a response to Immanuel Kant's On the Common Saying: That may be correct in theory, but is of no use in practice. Rehberg's response appeared originally in February 1794.

Volume 28, Issue 4, July 2020, Page 848-850.