A Political Defence of Kant’s Aufklärung: An Essay

The aim of this essay is to analyse the potential for political emancipation that lies within Kant’s conception of Aufklärung, in critical dialogue with enlightenment critics and specialised Kantian literature. My thesis is that Kant’s concept of enlightenment is intrinsically political and so it must be studied from the point of view of his political philosophy, which was fully developed in the decade of the 1790s. From this standpoint, I propose we study the role and place of Aufklärung within Kant’s central political thesis, to wit: that only the united will of the people can be a legitimate authority.     

Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

Freedom,Equality and Fraternity in Kant’s Critique of Judgement*

At least during his critical period, all of Kant’s philosophical works have a secret political dimension. Among other things, following the analysis of Hannah Arendt, the Critique of Judgment – paragraph 40 in particular – became a main text of political philosophy. In looking at the Critique of Judgement from a political perspective, I shall refer not to paragraph 40 but to the Kantian discussion of pure aesthetic judgement. In my opinion, one can understand Kant’s remarks on aesthetic judgement, and especially transcendental anthropology, as meaning that Kant philosophically attributes the three political ideas of the French Revolution (liberty, fraternity and equality) to the whole human being as such, and not just to the intelligible man.     

Is epistemic accessibility enough? Same-sex marriage,tradition, and the Bible

ABSTRACT

In Liberalism’s Religion, Cécile Laborde argues that a liberal state has to be a justifiable state: state action can only be legitimate if it is publicly justified, that is, if it is based on accessible reasons. These accessible reasons, she argues, are reasons that can be understood by all citizens. She defends a purely epistemic conception of accessibility. On Laborde’s account, accessible reasons are identified by particular epistemic features, and not by their substantive content. In this paper, I argue that Laborde’s account of epistemic accessibility cannot deliver on its promise of public justification. To illustrate this argument, I examine the case of the prohibition of same-sex marriage and look at two potential reasons that could be used to justify this prohibition: the non-accessible reference to the Bible and the accessible appeal to the value of tradition.     

Transnational delegation in global environmental governance: When do non‐state actors govern?

Non‐state actors – including firms, non‐governmental organizations, and networks – are now a permanent fixture in environmental politics. However, we know surprisingly little about when states choose to delegate to non‐state actors through multilateral treaties. This paper provides an historical picture, tracing patterns of delegation to non‐state agents in a random sample of multilateral environmental agreements from 1902 to 2002. I introduce a new unit of analysis – the policy function – to understand what non‐state actors actually do as agents. I find that analyses of delegation are sensitive to the unit of analysis; patterns of delegation at the treaty level are very different from those at the level of individual policy functions. While overall the decision to delegate to non‐state actors – what I term transnational delegation – is rare, it has grown over time. Complex treaties, those with secretariats, and those focused on the management of nature are more apt to delegate to non‐state actors. Non‐state agents fill a small, but growing role in multilateral environmental treaties.     

Legitimacy,citizenship and state redress

This article explores how state redress programmes work to legitimate the state. The primary thesis concerns how state redress aims to restructure citizenship identity. This restructuring enables civic identification by victims of state wrongdoing which in turn enables greater legitimacy. Consequently, redress constitutes a movement by the state from lesser to greater legitimacy. The article illustrates the legitimating thesis by examining two Canadian responses to state wrongdoing with regard to indigenous peoples, Gathering Strength (1998) and the Indian Residential Schools Settlement Agreement (Indian Residential Schools Adjudication Secretariat). This context provides material for contrasting the legitimating thesis with a competing approach – redress as ‘therapy’.     

Leviathans unbound: irrationalist political thought in interwar United States and Germany

ABSTRACT

This comparative ideological history considers why interwar America produced less prominent thought threatening parliamentarism and the rule of law than Germany. Despite different traditions, thinkers in Progressive Era America and Weimar Germany shared two commitments. Both scorned political parties and yearned for national unity. Both were also hostile to the restraints of legal formalism. Both efforts to deploy unbounded states to realize unity failed, but differently. Progressivism’s eclipse by World War I tempered confidence in democratic fulfilment and experts’ moral leadership. By contrast, appeals in post-war Weimar to national unity and the reliance on state authority – both integral to the search for constitutional legitimacy – radicalized amidst crisis thinking. Exemplary thinkers Carl Schmitt and Thurman Arnold agreed that crisis demanded transformative action based on unifying myths and administrations liberated from legal rationalism. Anti-liberal Schmitt aimed to destroy political heterogeneity and unshackle decree from statutory legality. Writing after Progressivism’s disillusionment, the New Dealer Arnold sought to use myth to conceal endemic plurality and employ law’s own irrationality to deliver to ‘technicians’ the discretion necessary for haphazard economic experimentation. Difference in timing helped make similar commitments develop differently in interaction with crisis thinking, and helps explain Arnold’s irrationalist defence of liberal democracy.     

Project for a Kantian Europe

Immanuel Kant’s political treatise Perpetual Peace can be seen as a project for world peace with practical value. Applied to contemporary word politics, the United Nations is commonly seen to be the closest approximation of this project. This article argues that such a view is misguided and fails to perceive that the United Nations lacks crucial elements of a Kantian peace federation. Kant’s argumentation for perpetual peace rests on two pillars: peace through law and peace through institution. Both of these are necessary conditions that must be supplanted by an exclusive peace federation of republican states in order to make a sufficient guarantee for lasting peace. Viewed from this perspective, the European Union comes closest to a real-world Kantian peace federation, even though it remains a regional organization, and despite the current challenges it faces.     

Towards a Kantian Moral Psychology or the Practical Effects of Self-Predicating Judgements of Sublimity

Abstract

This essay develops an account of the link between Kant's aesthetics and his ethics. It does so by articulating a Kantian account of moral psychology by way of aesthetic reflective judgements of sublimity. Since judgements of sublimity enrich the picture of a Kantian subject by forcefully revealing the unbounded power of the faculty of reason, I investigate the possibility that judgements of this kind could serve as a basis for moral motivation. The paper first shows how judgements of sublimity help a subject recognize reason's unbounded nature, and proceeds to analyse the practical effects of a subject judging itself sublime. When judgements of sublimity have as their object the unbounded and unsythesizable power of reason, they may thereby serve as the basis for both the recognition of our moral vocation, and the grounds for determining the will to act from respect for it. Since a judgement of sublimity produces for Kant the experience of an enlivening emotion and an outflowing of vital forces, the paper then develops Kant's concept of “life” motivated by a recognition of its practical orientation. In this way sublimity rather than beauty can be interpreted as symbolic hypotyposis of morality. The paper then takes up less favourable interpretations of the practical effects of self-predicated judgements of sublimity, and constructs critical responses to such positions. I conclude, following Adorno, by stressing the historical and social dimension of the capacities for both making sublime judgements, and being morally enlivened by them.     

Normative political theory,democratic politics and minority rights

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions.     

Why states have no right to privacy,but may be entitled to secrecy: a non-consequentialist defense of state secrecy

ABSTRACT

Despite an increase in initiatives aimed at enhancing political transparency, democratic states claim the right to withhold information from citizens: classified intelligence and military programs, diplomatic discretion, closed-door political bargaining, and bureaucratic opacity are examples. Can the state’s claim to restrict access to information be justified? In the first part of the essay, I focus on the arguments that defend the state’s claim to restrict access in terms of the state’s right to privacy where the state privacy is presented as a species of group privacy. While I concede that group privacy may be defended, I argue that governments and parliaments are not the kind of groups that may exercise privacy against citizens because of the relation of accountability in which they stand to citizens. In the second part of the essay, I propose an alternative argument to the effect that the scope of openness required in democratic governance is less extensive than traditionally assumed. I focus on the concept of democratic authority and argue that we can understand the practices of classification as an exercise of a special right to secrecy that is implied in the democratic state’s right to rule in a content-independent way.     

Property without authority? Between natural law and the Kantian state

ABSTRACT

In Territorial Sovereignty, Anna Stilz seeks to combine a Kant-inspired moral justification of the state with a natural law-inspired account of ‘foundational title’. The aim of my essay is to show that the contrasting ways in which these two frameworks conceptualize the relation between property (or rights over objects more generally) and authority lead to tensions on two levels of Stilz’s own argument. Concerning individuals’ occupation of land, the question is why some rights over objects can be acquired pre-politically (i.e. occupancy rights), while others cannot (i.e. property rights). And concerning states’ claims over territory, it is unclear whether state entrance basically ‘absorbs’ our political obligations, or whether states have a duty of justice to establish more ambitious (and possibly coercive) forms of global government. The underlying question is whether, or to what extent, Stilz remains committed to Kant’s unconditional justification of territorial sovereignty and, if so, how the very idea of natural rights (over objects in particular) can be made to fit into such an account.     

On Liberalism’s Religion

ABSTRACT

This chapter addresses two crucial issues raised by Laborde’s superb Liberalism’s Religion. The first pertains to where the liberal democratic modern state draws the line between the self-governing prerogatives of religious nomos communities and their regulation by the civil law; the second pertains to the prerogative of the state to do the relevant line drawing. Theorists concerned with religious freedom focus on the first set of questions under the rubric of ‘accommodation.’ The issue is unfair discrimination. I focus on Laborde’s approach to the second. This is again an important issue due to the recent revival of jurisdictional political pluralism: an approach that challenges the supremacy of the civil law and of the authority of the sovereign state over domestic religious authorities. I suggest more work must be done to parry those challenges.     

Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Political legitimacy

These comments take issue with two aspects of the treatment of Rawls in On The People’s Terms. First, I criticize the characterization of Rawls as downplaying political liberties and focusing instead on social justice. Second, I take issue with the claim that Pettit provides a more robust conception of legitimacy than Rawls. The basis for this claim is that Rawls, along with others in the Kantian tradition, downplays the question of legitimacy by ‘going hypothetical’. Yet in common with Rawls, Pettit’s republican conception of legitimacy imposes a stringent test of legitimacy that many democratic regimes would not pass. This leads him to propose a weaker standard of ‘legitimizability’ that appears to involve the same kind of counterfactual judgment for which Rawls is criticized.     

The Effects of Structures and Power on State Bargaining Strategies

When and why will states adopt more (or less) cooperative bargaining strategies? Standard answers to this question focus on the role of state power. Other scholars highlight socialization effects. I argue that in most international negotiations, the institutional bargaining structure will mitigate the effects of power and socialization, and drive state bargaining behavior. Factors highlighted by formal models of international bargaining should therefore best explain the variation in the strategies states adopt. I introduce empirical measures of these abstract concepts, and test their effects against those of power and socialization using an original dataset of state bargaining strategies in the European Union (EU). The results show that structural factors best explain variation in the EU states’ bargaining strategies. I conclude by highlighting the conditions under which these effects should explain state bargaining behavior in other international negotiations, and discuss the implications of this argument for the study of international bargaining.     

Normative behaviourism as a solution to four problems in realism and non-ideal theory

ABSTRACT

This article advances the case for ‘normative behaviourism’ – a new way of doing political philosophy that tries to turn facts about observable patterns of behaviour, as produced by different political systems, into grounds for specific political principles. This approach is applied to four distinct problems at the heart of the ideal/non-ideal theory and moralism/realism debates: (1) How to distinguish good from bad idealisations; (2) how to rank options of variable feasibility, cost, and danger; (3) how to distinguish legitimate acceptance of a given political system from acceptance based on coercion or false consciousness; and (4) how to translate abstract principles into concrete institutions. Objections against the general viability of normative behaviourism, and against the types of behaviour it tracks, are also considered.     

Ideology,socialism and the everyday: forgotten lessons from the inter-war years?

Abstract

One of the great contributions of the Journal of Political Ideologies to the study of politics has been the emphasis it has given to recovering lost ideological traditions or subtraditions. With regard to the recent history of the United Kingdom, contributions to the Journal have long argued that there is far greater ideological complexity in British politics than is usually credited and that analysis of this complexity might throw up powerful arguments for contemporary political argument. In this essay, I take inspiration from that notion in order to establish whether a lost tradition of twentieth century British socialist thinking – that associated with a series of inter-war and mid-century thinkers who were sceptical of both modernism and the state – might throw new light on the failings of recent British Labour ideology, especially that associated with Ed Miliband’s failed attempt to secure victory in the 2015 general election. The essay contends that the arguments of these earlier thinkers – and especially their obsession with crafting a ‘socialism of the everyday’ – could have provided a vital warning to Miliband’s Labour, had it chosen to heed it.     

Errors have been made,others will be blamed: Issue engagement and blame shifting in prime minister speeches during the economic crisis in Europe

This article investigates prime ministers’ communication strategies during the most recent economic crisis in Europe. It argues that when electoral risk is high but governments’ policy options are severely limited, prime ministers will use specific communication strategies to mitigate electoral risks. Two such communication strategies are analysed – issue engagement and blame shifting – by applying state-of-the-art quantitative text analysis methods on 5,553 speeches of prime ministers in nine European Union member states. Evidence is found for both strategies. Prime ministers talk about the economy more in response to both high (domestic) unemployment and low (domestic) gross domestic product growth. Furthermore, it is found that the (domestic) unemployment rate is the most consistent predictor of blame shifting: as the domestic unemployment rate goes up, this is followed by an increase in blame shifting towards banks, Greece and the Troika of the European Commission, the European Central Bank and the International Monetary Fund.     

Governing disorder: the Australian Federal Police and Australia's new regional frontier

Abstract

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, ‘regional’ frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies – indeed, their very social and political structures – in the depoliticized terms of the breakdown of ‘law and order’ and the absence of ‘good governance’, which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions ‘within’ the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries.