“…Public right concerns the juridical relationship between a state and its own members (or between states) and involves “a permissive law ( lex permissiva ) of practical reason” (Kant [1797] 1996, 406; AK 6:246). This principle authorises the temporary delay of a necessary reorganisation of an unjust order when the “implementation of immediate reform would counteract the ruler’s duty to reform the legal order as a whole” (Weinrib 2013, 108). True politics draws on empirical knowledge and prudent judgement of the circumstances under which the existing legal system can be brought into conformity with its own standard of adequacy.Since the severing of a bond of civil or cosmopolitan union even before a better constitution is ready to take its place is contrary to all political prudence, which agrees with morals in this, it would indeed be absurd to require that those defects be altered at once and violently; but it can be required of the one in power that he at least take to heart the maxim that such an alteration is necessary, in order to keep constantly approaching the end (of the best constitution in accordance with laws of right).…”
Section: The Indirect Legitimation Theoremmentioning
This article deals with the problem of the second best in a politically differentiated Europe. Drawing on Kant's category of permissive law of public right, it establishes the missing link between ideal and nonideal theory and then an indirect legitimation theorem. This theorem provides tools to contain damages and unlock practices and dynamics that obstruct reforms and lead to counterproductive outcomes. The theorem, which is equipped with a time and knowledge index, awaits the formation of favourable circumstances of integration. It establishes the conditions under which differentiated integration would be nonregressive. The theorem rules out backsliding solutions, which undermine the European integration process.This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
“…Public right concerns the juridical relationship between a state and its own members (or between states) and involves “a permissive law ( lex permissiva ) of practical reason” (Kant [1797] 1996, 406; AK 6:246). This principle authorises the temporary delay of a necessary reorganisation of an unjust order when the “implementation of immediate reform would counteract the ruler’s duty to reform the legal order as a whole” (Weinrib 2013, 108). True politics draws on empirical knowledge and prudent judgement of the circumstances under which the existing legal system can be brought into conformity with its own standard of adequacy.Since the severing of a bond of civil or cosmopolitan union even before a better constitution is ready to take its place is contrary to all political prudence, which agrees with morals in this, it would indeed be absurd to require that those defects be altered at once and violently; but it can be required of the one in power that he at least take to heart the maxim that such an alteration is necessary, in order to keep constantly approaching the end (of the best constitution in accordance with laws of right).…”
Section: The Indirect Legitimation Theoremmentioning
This article deals with the problem of the second best in a politically differentiated Europe. Drawing on Kant's category of permissive law of public right, it establishes the missing link between ideal and nonideal theory and then an indirect legitimation theorem. This theorem provides tools to contain damages and unlock practices and dynamics that obstruct reforms and lead to counterproductive outcomes. The theorem, which is equipped with a time and knowledge index, awaits the formation of favourable circumstances of integration. It establishes the conditions under which differentiated integration would be nonregressive. The theorem rules out backsliding solutions, which undermine the European integration process.This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
“…A number of interpreters, particularly those who are happy to bracket Kant’s wider philosophical commitments, have thus mistakenly ascribed to him the notion of freedom as self‐directed action. According to what might be described as an emerging interpretive orthodoxy, agents are externally free to the extent that they “determine their own purposes” (Weinrib , 115) and “get to decide for themselves” (Hodgson , 808). Freedom, that is to say, is the “ability to direct your movements without constraint by others” (Ebels‐Duggan , 897; see also Stilz , 38).…”
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
