Independence and Property in Kant's Rechtslehre

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the possession of a certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of such a right together with any presumption in favour of private property.     

Kant,Ripstein and the Circle of Freedom: A Critical Note

Much contemporary political philosophy claims to be Kant‐inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant‐inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing.     

Aesthetic freedom and democratic ethical life: A Hegelian account of the relationship between aesthetics and democratic politics

This paper presents a novel Hegelian view of the relationship between aesthetics and democratic politics. My account avoids the drawbacks associated with approaches, such as Rancière's, that reconceive all of the political in aesthetic terms or, like Rockhill's, reduce the aesthetic to art. Instead, I maintain that the aesthetic is best understood as a distinct recognition relationship of individual freedom. My argument proceeds by highlighting shortcomings of Honneth's account of democratic Sittlichkeit and then addressing these impasses by integrating aesthetic freedom into the picture. The first two steps of my argument concern the fact that the form of life outlined by Honneth aspires to be a form of free life, yet his account of democratic Sittlichkeit gives rise to two dimensions of unfreedom. The first problem of unfreedom pertains to the scope of freedom. The relationships of freedom incorporated into Honneth's account fail to turn given social roles into the subject matter of a sufficiently unrestricted practice of freedom. The second problem of freedom concerns conformism. In a final step, I complete my argument that Honneth's account is unsatisfactory and incomplete by showing that aesthetic freedom is socially valid and thus ought to form part of our accounts of democratic ethical life.     

Is Neo‐Republicanism Bad for Women?

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo‐republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo‐republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups.     

External Freedom in Kant's Rechtslehre: Political,Metaphysical1

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio‐temporal movement and a form of noumenal or ‘intelligible’freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical ‘anthropological’information in constructing a Doctrine of Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio‐temporality, dependence on positive law, intelligibility (or ‘noumenality’), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions.     

Form and Matter in Kantian Political Philosophy: A Reply

This paper responds briefly to four reviews of Force and Freedom. Valentini and Sangiovanni criticize what they see as the excessive formalism of the Kantian enterprise, contending that the Kantian project is circular, because it defines rights and freedom together, and that this circularity renders it unable to say anything determinate about appropriate restrictions and permissions. I show that the appearance of circularity arises from a misconstrual of the Kantian idea of a right. Properly understood, Kantian rights are partially indeterminate, but not in a way that causes problems for the account. Ronzoni and Williams seek to broaden the reach of public right, arguing that Kant's abstract approach overlooks pressing questions of social and political life, (Ronzoni) and that public right should allow for democratic deliberation about purposes that go beyond the requirement that a state provide a rightful condition for its members (Williams). I argue that the Kantian view makes room for these factors, but that each must be understood in relation to the formal constraints of right.     

Freedom and Disability Rights: Dependence,Independence, and Interdependence

The increasing focus on disability rights—as found, for instance, in the U.N. Convention on the Rights of Persons with Disabilities (CRPD)—challenges philosophical imaginaries. This article broadens the philosophical imaginary of freedom by exploring the relation of dependence, independence, and interdependence in the lives of people with disabilities. It argues (1) that traditional concepts of freedom are rather insensitive to difference within humanity, and (2) that the lives of people with severe disabilities challenge philosophers to argue and conceptualize freedom not only as independence and interdependence but also as dependence. After tracing this need through a Hegelian understanding, via Julia Kristeva's work on disability, and finally the CRPD, it concludes that a unified solution might not be possible. Hence, it argues that disability issues necessitate philosophical modesty.     

Jenson,Hegel and the Spirit of Recognition

This article engages the pneumatology and account of divine freedom found in Robert Jenson's Systematic Theology. It raises a novel set of questions about Jenson's account of divine freedom, which bears on persistent questions regarding the nature of G.W.F. Hegel's influence upon Jenson. While most engagements with Jenson take for granted what it is to be ‘Hegelian’, this article foregrounds the diversity of contemporary Hegel interpretation. It argues that Jenson's account of divine freedom would profit from a stronger dose of Hegel's philosophy – specifically, Hegel's account of mutual recognition – provided that Hegel is interpreted along the lines of the non‐traditional school of Hegel interpretation. The article concludes with a brief constructive sketch of a Jensonian pneumatology conceived along these lines.     

“A happy excursion” and freedom

In modern times, academics have used the perspective of political liberty and spiritual freedom to interpret and explain Zhuang Zi’s “happy excursion” as well as the substance of all his other thoughts. The starting point of the former is the political idea of laissez-faire; the latter involves the unique character of Zhuang Zi’s philosophy on life. But it misses the spiritual deficiency contained in Zhuang Zi, and so it is difficult to respond to criticism from modern liberals. This article argues that it is not quite accurate to use “happy excursion” to express modern freedom, but the spiritual tradition of “happy excursion” as a kind of native resource could still serve as a way to introduce the idea of liberalism at the level of a life philosophy based on independence, individual consciousness and the personal conscience and virtues embraced by the “happy excursion” thought of Zhuang Zi.     

Hegel,British Idealism,and the curious case of the concrete universal

Although it is clear in Schelling's Freiheitsschrift that he takes an agent's atemporal choice between good and evil to be central to understanding human freedom, there is no consensus in the literature and no adequate account of how to understand this choice. Further, the literature fails to render intelligible how existential freedom is possible in the light of this atemporal choice. I demonstrate that, despite their differences, the dominant accounts in the literature are all guilty of these failings and argue that this is due to their misunderstanding of Schelling's conception of the relationship between essence and form. After outlining what I take Schelling's account of this relationship to be, I return to the Freiheitsschrift to demonstrate that with this account in mind we can make intelligible Schelling's claims about the agent's atemporal act, and the possibility of existential freedom on his account.     

‘Disempowered by Nature’: Spinoza on The Political Capabilities of Women

This paper examines Spinoza's remarks on women in the Political Treatise in the context of his views in the Ethics about human community and similitude. Although these remarks appear to exclude women from democratic participation on the basis of essential incapacities, I aim to show that Spinoza intended these remarks not as true statements, but as prompts for critical consideration of the place of women in the progressive democratic polity. In common with other scholars, I argue that women, in Spinoza's system, are deprived of freedom and political participation not by their essential natures, but by their social and historical circumstances. I differ from other scholars, however, in basing this conclusion on the different critical functions of the Political Treatise and the Ethics. Following that critical comparison, I consider Spinoza's views on the `natural right' of women and their equal capacity for political participation in terms of his arguments for the compositional similarity of men and women. Finally, I argue that Spinoza offers an explanation for women's actual disempowerment through his account of economic dependence within marriage.     

Freedom as Independence: Mary Wollstonecraft and the Grand Blessing of Life

Independence is a central and recurring theme in Mary Wollstonecraft's work. Independence should not be understood as an individualistic ideal that is in tension with the value of community but as an essential ingredient in successful and flourishing social relationships. I examine three aspects of this rich and complex concept that Wollstonecraft draws on as she develops her own notion of independence as a powerful feminist tool. First, independence is an egalitarian ideal that requires that all individuals, regardless of sex, be protected to a comparable extent in all areas of social, political, and economic life, no matter whether this is in the public or private sphere. Second, so long as this egalitarian condition is not compromised, independence allows for individuals to perform differentiated social roles, including along gendered lines. Finally, the ongoing and collective input of both women and men is required to ensure that the conditions necessary for social independence are maintained. In Wollstonecraft's hands, then, independence is a powerful ideal that allows her to argue that women must be able to act on their own terms as social and political equals, doing so as women whose perspectives and interests may differ from men's.     

The political theology of Fichte’s Staatslehre: immanence and transcendence

Given its use of religious concepts and language, it is tempting to class Fichte’s rarely discussed Staatslehre as a political theology. I argue that the Staatslehre can be classed as a political theology because of the way in which it can be understood in terms of the concepts of immanence and transcendence. The concept of immanence applies to Fichte’s account of history in particular. Fichte himself allows for a moment of transcendence at the very beginning of history. I argue that the concept of transcendence is also implicit in the Staatslehre in relation to some problems faced by Fichte’s own account of the role of the Zwingherr in the historical development and actualization of right and moral freedom, despite his attempt to avoid introducing theologically based explanations of political concepts at this stage of his Staatslehre.     

Social,Political, and Institutional Constraints on Religious Pluralism in Central Asia

During the second half of the 1990s, many of the post-Soviet states, after a brief flirtation with a religious free market, began to approve laws that curtailed some of the freedoms acquired in the first flush of independence. The paper examines the ways in which the five Central Asian States have handled the issue of religious freedom. Although many of the initial demands for restrictions on religious pluralism came from leaders of 'traditional' religions, these arguments have been reinforced by other arguments. On the one hand, the urge to control religious diversity is a product of an old Soviet mentality, but it also reflects wider religious and political concerns. These encompass public anxieties about the activities of poorly understood religious movements, political manipulation of religious 'threats' to justify authoritarianism, and nationalist concerns about religious diversity as a threat to social stability and the nation-building process. This paper explores the growing pressures on religious pluralism in Central Asia (with special reference to the experience of Kyrgyzstan and Turkmenistan) focusing on the social, political, and institutional constraints that appear to be driving the revitalisation of state control over religious life.     

Feminist Second Thoughts About Free Agency

This essay suggests that common themes in recent feminist ethical thought can dislodge the guiding assumptions of traditional theories of free agency and thereby foster an account of freedom which might be more fruitful for feminist discussion of moral and political agency. The essay proposes constructing that account around a condition ofnormative-competence. It argues that this view permits insight into why women's labor of reclaiming and augmenting their agency is both difficult and possible in a sexist society.     

Between Ethics and Right: Kantian Politics and Democratic Purposes

Force and Freedom insists that, ‘Freedom, understood as independence of another person's choice, is [all] that matters’. In this paper I suggest that this premise leads Ripstein to an instrumentalization of democracy that neglects a properly public and collective notion of freedom. The paper first criticizes Ripstein's key argument against any extension of public purposes beyond the upholding of persons’ ‘independence of others’ choice’. More constructively, the paper then suggests that a space of public freedom is opened up when people deliberate in order to form and pursue democratic purposes. Citizens may act together to promote ends that they think are worthwhile, without dominating one another or restricting individual freedom.     

The myth of a secular state: A study of religious politics with historical illustrations

Religion has continued to assert itself as a significant moral force in Nigeria's post‐independence politics; however, some recent studies of the country's political life tend to dismiss religion as a kind of mystical irrationality or an act of deluded trust. After conducting an audit of what I take to be the assets and the liabilities of the intellectual traditions underpinning this secularist preference, I propose a theory of political morality in which themes of legitimacy, identity and social justice are explained against the background of religious expectations. I argue that the rationale for political behaviour in Nigeria is not fully accounted for by the categories of class and ethnicity, but must be sought in a more inclusive and transcendent moral basis. I conclude that the recent high‐profile involvements of religious persons in politics should not be seen as flashes of political insanity; rather, they constitute genuine attempts to reformulate the modern language of public morality.     

Marx on the compatibility of freedom and necessity: A reply to David James

In a recent paper, David James argues for a new understanding of the compatibility of freedom and necessity in Marx's idea of a communist society. According to James, such compatibility has less to do with anything distinctive about the nature of labour and more to do with how communist producers organize the sphere of material production. In this paper, I argue that James provides a nuanced and plausible account of one part of Marx's story of the compatibility of freedom and necessity in communist society but that his account misses another, and, in my view, more fundamental part of the story. The part I have in mind centres on Marx's claim that communist producers achieve their freedom through the performance of necessary labour—by helping others to satisfy their needs. I argue that Marx is committed to a stronger claim than James wishes to make, namely, that freedom and necessity are not merely compatible but that participation in the realm of necessity is required for human freedom.     

Early Sartre on Freedom and Ethics

This paper offers a revisionary interpretation of Sartre's early views on human freedom. Sartre articulates a subtle account of a fundamental sense of human freedom as autonomy, in terms of human consciousness being both reasons‐responsive and in a distinctive sense self‐determining. The aspects of Sartre's theory of human freedom that underpin his early ethics are shown to be based on his phenomenological analysis of consciousness as, in its fundamental mode of self‐presence, not an object in the world (Section 1). Sartre has a multi‐level theory of the reasons‐sensitivity of consciousness. At one level, consciousness's being alive to reasons is a matter of the affective perception of values and disvalues as features of phenomenal objects (Section 2). This part of his theory, a development of Scheler's, is, however, situated within a broader phenomenological analysis resulting in the claim that the ultimate reasons acknowledged by consciousness neither are nor justifiably could be values adequately presentable as intentional objects. Consciousness's ultimate reasons are, in this sense, not given by the world but by itself (Section 3). Section 4 reconstructs and assesses Sartre's argument that consciousness cannot rationally have an ultimate end other than self‐transparent (‘authentic’) freedom itself.     

Friendship and Being: Election and Trinitarian Freedom in Moltmann and Barth

This article constructs two responses to Moltmann's critique of Barth's doctrine of divine freedom in Trinity and the Kingdom, a first on the basis of Barth's programmatic treatment of divine freedom in II/1 of the Church Dogmatics and a second on the basis of Bruce McCormack's reading of Barth's doctrine of election. It shows why the Barth of II/1 must dismiss Moltmann's concern for the priority of God's loving relationship to the world while Barth as interpreted by McCormack can accommodate it. Finally it observes the significance of this twofold defense for mapping Barth onto the terrain of modern theology.