Sari Kisilevsky (editor) - Freedom and Force: Essays on Kant’s Legal Philosophy

FREEDOM AND FORCE

This collection of essays takes as its starting point Arthur Ripsteins Force and Freedom: Kants Legal and Political Philosophy, a seminal work on Kants thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripsteins thoughts, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripsteins ideas for contemporary legal and political philosophy.

All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.

Volume 9 in the series Law and Practical Reason

Law and Practical Reason

The intention of this series is that it should encompass monographs and collections of essays that address the fundamental issues in legal philosophy. The foci are conceptual and normative in character, not empirical. Studies addressing the idea of law as a species of practical reason are especially welcome. Recognising that there is no occasion sharply to distinguish analytic and systematic work in the field from historico-critical research, the editors also welcome studies in the history of legal philosophy. Contributions to the series, inevitably crossing disciplinary lines, will be of interest to students and professionals in moral, political, and legal philosophy.

General Editor

Prof George Pavlakos (Antwerp and Glasgow)

Advisory Board

Prof Robert Alexy (Kiel)

Prof Samantha Besson (Fribourg, CH)

Prof Emilios Christodoulidis (Glasgow)

Prof Sean Coyle (Birmingham)

Prof Mattias Kumm (New York and Berlin)

Prof Stanley Paulson (St Louis and Kiel)

Prof Joseph Raz (Columbia Law School)

Prof Arthur Ripstein (Toronto)

Prof Scott Shapiro (Yale Law School)

Prof Victor Tadros (Warwick)

Editorial Assistant

Triantafyllos Gouvas (Antwerp)

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Volume 5: The Logic of Autonomy: Law, Morality and Autonomous Reasoning

Jan-R Sieckmann

Volume 6: Law and Authority under the Guise of the Good

Veronica Rodriguez-Blanco

Volume 7: Shared Authority

Dimitrios Kyritsis

Volume 8: Private Law and the Value of Choice

Emmanuel Voyiakis

Freedom and Force

Essays on Kants Legal Philosophy

Edited by

Sari Kisilevsky and Martin J Stone

OXFORD AND PORTLAND, OREGON
2017

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First published 2017

Sari Kisilevsky and Martin J Stone 2017

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British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

ISBN:HB:978-1-84946-316-4

ePDF:978-1-78225-306-8

ePub:978-1-78225-307-5

Library of Congress Cataloging-in-Publication Data

Names: Kisilevsky, Sari, editor. | Stone, Martin Jay, editor.

Title: Freedom and force : essays on Kants legal philosophy / edited by Sari Kisilevsky and Martin J Stone.

Description: Oxford ; Portland, Oregon : Hart Publishing, An imprint of
Bloomsbury Publishing Plc, 2017. | Series: Law and practical reason ; volume 9 |
Includes bibliographical references and index.

Identifiers: LCCN 2016057106 (print) | LCCN 2016057841 (ebook) |
ISBN 9781849463164 (hardback : alk. paper) | ISBN 9781782253075 (epub)

Subjects: LCSH: Kant, Immanuel, 1724-1804. | LawPhilosophy. | Ripstein, Arthur. Force and freedom.

Classification: LCC K230.K364 F74 2017 (print) | LCC K230.K364 (ebook) | DDC 340/.1dc23

LC record available at https://lccn.loc.gov/2016057106

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Kants political philosophy has been gaining ground. Its main text, The Doctrine of Right, was long regarded as obscure and fragmentary and lacking the power of Kants previous Critiques: It is as if it were not the work of this great man, Schopenhauer bewailed. Various books and articles today offer a different impression, and prominent among them is Arthur Ripsteins Force and Freedom: Kants Legal and Political Philosophy. Ripsteins celebrated book is the cause of the present volume, which contains eight essays written in response to it, followed by Ripsteins response to these responses.

Force and Freedom locates the force and unity of Kants Doctrine in its idea of peoples mutual independence. It also develops this unifying idea in light of modern political philosophys questions about the nature of rights and the basis of public authority: rights are embodiments of freedom, not summations of welfare; and public authority is not a means of making people happier but a sine qua non of their being free. Force and Freedom thus combines an exegetical with a normative projecta guide to Kants Doctrine with a political theory tendered as true. The following chapters also make original contributions to one or both of these projects. Most of them contest