To Kant, the French revolution's central events were the transfer of sovereignty to the people in... more To Kant, the French revolution's central events were the transfer of sovereignty to the people in 1789 and the trial and execution of the monarch in 1792-1793. Through a contextual study, this Element argues that while both events manifested the principle of popular sovereignty, the first did so in lawful ways, whereas the latter was a perversion of the principle. Kant was convinced that historical examples can help us understand political philosophy, and this Element seeks to show this in practice.
Can there be a legal or a moral right to resist the government? Scholarly interest in the right o... more Can there be a legal or a moral right to resist the government? Scholarly interest in the right of resistance has rarely focused on German philosophy, which has often been considered unusually committed to authority. Yet, during the Enlightenment German philosophers regularly attempted to justify not just conscientious refusal but also revolution. This essay explores the two dominant justifications, which were based in Wolffian perfectionism and Kantian relational theory. It argues that we can best understand the complexity of these theories of resistance by exploring their contrasting views on the state’s purpose: providing material and spiritual welfare, or establishing freedom as independence.
Kant's Politics in Context is the first comprehensive contextual study of Kant's legal and politi... more Kant's Politics in Context is the first comprehensive contextual study of Kant's legal and political philosophy. It gives an account of the development of his thought before, during, and after the French revolution. Reidar Maliks argues that Kant provided a philosophical defence of the revolution's republican ideals while aiming to avoid the twin dangers of anarchy and despotism. Central to this was a concept of equal freedom, constituted by legal rights and duties within a state. The close connection between freedom and the rule of law accounts for the centrality of the state in Kants thought.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical essays and pamphlets aimed for a wide audience has not been fully appreciated. Maliks shows how our understanding of Kant's political philosophy can be enriched through paying attention to the discussions he sparked during the 1790s where radical followers including Fichte, Erhard, and Bergk clashed with conservative critics such as Rehberg, Möser, and Gentz. This book provides fresh knowledge about a foundational moment for modern political thought and offers a new perspective on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
This article argues that Kant's republicanism provides a foundation for democratic procedures. Th... more This article argues that Kant's republicanism provides a foundation for democratic procedures. The conclusion is reached through an investigation of Critique of the Power of Judgment, which allows us to interpret Kant's notion of the state as a self-determining organic community, and not merely an aggregate of individuals. The article rejects Isaiah Berlin's interpretation of Kant as an authoritarian thinker, and reveals a republican theory centered on liberal freedom expressed within a self-organizing political community. Key words democracy · despotism · freedom · popular sovereignty · Prussia · republicanism
Kant's Politics in Context shows how Kant developed his legal and political philosophy in an envi... more Kant's Politics in Context shows how Kant developed his legal and political philosophy in an environment of controversy between conservative and radical observers of the French Revolution. Reidar Maliks argues that Kant recognized in the Revolution of 1789 his own concept of equal freedom, which he in the following decade developed into a theory of law and the state. This concept of freedom was at the root of his condemnation of paternalistic government, which makes persons dependent on the good will of a ruler, and his denunciation of direct democracy, which subjects persons to the arbitrary decisions of a majority. It led Kant to develop a republican constitutionalism, where persons are free and independent because they are subject only to law.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical articles and pamphlets aimed for a wide audience has not been fully appreciated. Paying attention to the debates he sparked during the 1790s- where radical followers like Fichte, Erhard, and Bergk clashed with conservative critics like Rehberg, Möser, and Gentz-can help us understand Kant's political philosophy. The first comprehensive account of Kant's politics in context, this book provides a fresh perspective both on a foundational moment for modern political philosophy and on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, l... more Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, l... more Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
When Kant in 1793 rejected a right of revolution, he was immediately criticized by a group of rad... more When Kant in 1793 rejected a right of revolution, he was immediately criticized by a group of radical followers who argued that he had betrayed his own principles of justice. Jakob, Erhard, Fichte, Bergk and Schlegel proceeded to defend a right of resistance and revolution based on what they took to be his true principles. I argue that we must understand Kant's Metaphysics of Morals, which came in 1797, partly as a response to these radical democratic writings. Exploring this forgotten controversy reveals that Kant did not betray his own principles when he denied a right of revolution, because he did not mean that persons have an unconditional duty to obey. This becomes clear when we read the final developments of Kant's thinking on individual liberty and republican government in light of the radical critique.
This article explores the writings of Ludwig Heinrich Jakob and Johann Benjamin Erhard, two young... more This article explores the writings of Ludwig Heinrich Jakob and Johann Benjamin Erhard, two young Kantians who produced original defences of resistance and revolution during the 1790's. Comparing these two neglected philosophers reveals a crucial divergence in the liberal theory of revolution between a perspective that emphasises resistance by the individual and another that emphasises revolution by the nation. The article seeks to contribute to a more nuanced view of the political theory of the German Enlightenment, which has often been presented as excessively obedient to authority.
This paper argues that, although no resistance or revolution is permitted in the Kantian state,... more This paper argues that, although no resistance or revolution is permitted in the Kantian state, very tyrannical regimes must not be obeyed because they do not qualify as states. The essay shows how a state ceases to be a state, argues that persons have a moral responsibility to judge about it and defends the compatibility of this with Kantian authority. The reconstructed Kantian view has implications for how we conceive authority and obligation. It calls for a morally demanding definition of the state and asserts that the primary personal responsibility is not to evaluate the morality of every single law but to evaluate the moral standing of the polity.
Democratic theorists are usually dismissive about the idea that citizens act “through” their repr... more Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals
in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason.
To Kant, the French revolution's central events were the transfer of sovereignty to the people in... more To Kant, the French revolution's central events were the transfer of sovereignty to the people in 1789 and the trial and execution of the monarch in 1792-1793. Through a contextual study, this Element argues that while both events manifested the principle of popular sovereignty, the first did so in lawful ways, whereas the latter was a perversion of the principle. Kant was convinced that historical examples can help us understand political philosophy, and this Element seeks to show this in practice.
Can there be a legal or a moral right to resist the government? Scholarly interest in the right o... more Can there be a legal or a moral right to resist the government? Scholarly interest in the right of resistance has rarely focused on German philosophy, which has often been considered unusually committed to authority. Yet, during the Enlightenment German philosophers regularly attempted to justify not just conscientious refusal but also revolution. This essay explores the two dominant justifications, which were based in Wolffian perfectionism and Kantian relational theory. It argues that we can best understand the complexity of these theories of resistance by exploring their contrasting views on the state’s purpose: providing material and spiritual welfare, or establishing freedom as independence.
Kant's Politics in Context is the first comprehensive contextual study of Kant's legal and politi... more Kant's Politics in Context is the first comprehensive contextual study of Kant's legal and political philosophy. It gives an account of the development of his thought before, during, and after the French revolution. Reidar Maliks argues that Kant provided a philosophical defence of the revolution's republican ideals while aiming to avoid the twin dangers of anarchy and despotism. Central to this was a concept of equal freedom, constituted by legal rights and duties within a state. The close connection between freedom and the rule of law accounts for the centrality of the state in Kants thought.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical essays and pamphlets aimed for a wide audience has not been fully appreciated. Maliks shows how our understanding of Kant's political philosophy can be enriched through paying attention to the discussions he sparked during the 1790s where radical followers including Fichte, Erhard, and Bergk clashed with conservative critics such as Rehberg, Möser, and Gentz. This book provides fresh knowledge about a foundational moment for modern political thought and offers a new perspective on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
This article argues that Kant's republicanism provides a foundation for democratic procedures. Th... more This article argues that Kant's republicanism provides a foundation for democratic procedures. The conclusion is reached through an investigation of Critique of the Power of Judgment, which allows us to interpret Kant's notion of the state as a self-determining organic community, and not merely an aggregate of individuals. The article rejects Isaiah Berlin's interpretation of Kant as an authoritarian thinker, and reveals a republican theory centered on liberal freedom expressed within a self-organizing political community. Key words democracy · despotism · freedom · popular sovereignty · Prussia · republicanism
Kant's Politics in Context shows how Kant developed his legal and political philosophy in an envi... more Kant's Politics in Context shows how Kant developed his legal and political philosophy in an environment of controversy between conservative and radical observers of the French Revolution. Reidar Maliks argues that Kant recognized in the Revolution of 1789 his own concept of equal freedom, which he in the following decade developed into a theory of law and the state. This concept of freedom was at the root of his condemnation of paternalistic government, which makes persons dependent on the good will of a ruler, and his denunciation of direct democracy, which subjects persons to the arbitrary decisions of a majority. It led Kant to develop a republican constitutionalism, where persons are free and independent because they are subject only to law.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical articles and pamphlets aimed for a wide audience has not been fully appreciated. Paying attention to the debates he sparked during the 1790s- where radical followers like Fichte, Erhard, and Bergk clashed with conservative critics like Rehberg, Möser, and Gentz-can help us understand Kant's political philosophy. The first comprehensive account of Kant's politics in context, this book provides a fresh perspective both on a foundational moment for modern political philosophy and on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, l... more Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, l... more Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
When Kant in 1793 rejected a right of revolution, he was immediately criticized by a group of rad... more When Kant in 1793 rejected a right of revolution, he was immediately criticized by a group of radical followers who argued that he had betrayed his own principles of justice. Jakob, Erhard, Fichte, Bergk and Schlegel proceeded to defend a right of resistance and revolution based on what they took to be his true principles. I argue that we must understand Kant's Metaphysics of Morals, which came in 1797, partly as a response to these radical democratic writings. Exploring this forgotten controversy reveals that Kant did not betray his own principles when he denied a right of revolution, because he did not mean that persons have an unconditional duty to obey. This becomes clear when we read the final developments of Kant's thinking on individual liberty and republican government in light of the radical critique.
This article explores the writings of Ludwig Heinrich Jakob and Johann Benjamin Erhard, two young... more This article explores the writings of Ludwig Heinrich Jakob and Johann Benjamin Erhard, two young Kantians who produced original defences of resistance and revolution during the 1790's. Comparing these two neglected philosophers reveals a crucial divergence in the liberal theory of revolution between a perspective that emphasises resistance by the individual and another that emphasises revolution by the nation. The article seeks to contribute to a more nuanced view of the political theory of the German Enlightenment, which has often been presented as excessively obedient to authority.
This paper argues that, although no resistance or revolution is permitted in the Kantian state,... more This paper argues that, although no resistance or revolution is permitted in the Kantian state, very tyrannical regimes must not be obeyed because they do not qualify as states. The essay shows how a state ceases to be a state, argues that persons have a moral responsibility to judge about it and defends the compatibility of this with Kantian authority. The reconstructed Kantian view has implications for how we conceive authority and obligation. It calls for a morally demanding definition of the state and asserts that the primary personal responsibility is not to evaluate the morality of every single law but to evaluate the moral standing of the polity.
Democratic theorists are usually dismissive about the idea that citizens act “through” their repr... more Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals
in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason.
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Papers by Reidar Maliks
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical essays and pamphlets aimed for a wide audience has not been fully appreciated. Maliks shows how our understanding of Kant's political philosophy can be enriched through paying attention to the discussions he sparked during the 1790s where radical followers including Fichte, Erhard, and Bergk clashed with conservative critics such as Rehberg, Möser, and Gentz. This book provides fresh knowledge about a foundational moment for modern political thought and offers a new perspective on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical articles and pamphlets aimed for a wide audience has not been fully appreciated. Paying attention to the debates he sparked during the 1790s- where radical followers like Fichte, Erhard, and Bergk clashed with conservative critics like Rehberg, Möser, and Gentz-can help us understand Kant's political philosophy. The first comprehensive account of Kant's politics in context, this book provides a fresh perspective both on a foundational moment for modern political philosophy and on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
article seeks to contribute to a more nuanced view of the political theory of the German Enlightenment, which has often been presented as excessively obedient to authority.
in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical essays and pamphlets aimed for a wide audience has not been fully appreciated. Maliks shows how our understanding of Kant's political philosophy can be enriched through paying attention to the discussions he sparked during the 1790s where radical followers including Fichte, Erhard, and Bergk clashed with conservative critics such as Rehberg, Möser, and Gentz. This book provides fresh knowledge about a foundational moment for modern political thought and offers a new perspective on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
That Kant idealized the public sphere is well known, but that he intentionally developed his own philosophy in polemical articles and pamphlets aimed for a wide audience has not been fully appreciated. Paying attention to the debates he sparked during the 1790s- where radical followers like Fichte, Erhard, and Bergk clashed with conservative critics like Rehberg, Möser, and Gentz-can help us understand Kant's political philosophy. The first comprehensive account of Kant's politics in context, this book provides a fresh perspective both on a foundational moment for modern political philosophy and on Kant's central political concepts, including freedom, rights, citizenship, revolution, and war.
article seeks to contribute to a more nuanced view of the political theory of the German Enlightenment, which has often been presented as excessively obedient to authority.
in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of representation and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason.