Against Kantian Statism

被引:4
作者
Christmas, Billy [1 ]
机构
[1] Kings Coll London, Polit Theory, Dept Polit Econ, London WC2B 4BG, England
关键词
Kant; Ripstein; freedom; property; state; convention; PROPERTY-RIGHTS; NATURAL RIGHT; PROVISIONALITY; EQUALITY; DOCTRINE; FREEDOM; RULE; SET;
D O I
10.1086/711556
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
Kantian statists believe that the state is a conceptual prerequisite for the acquisition of property rights and, hence, of freedom itself. They argue that under statelessness, property rights are indeterminate, unilateral, and unassured and therefore remain merely provisional until a state is instituted. We are not morally bound by merely provisional rights, and hence there can be no justice (or injustice) without a state. This article makes two arguments. First, it argues that property rights need not be conceptually indeterminate under statelessness. Social conventions that fall short of a state can give determinacy in ways that Kantians have not adequately considered. Second, it argues that the problems of unilateralism and nonassurance are parasitical on the problem of indeterminacy. Therefore, overcoming indeterminacy overcomes the overall thesis. I argue, therefore, that the state is not conceptually necessary to our freedom, and we have no unconditional natural duty to institute and obey a state.
引用
收藏
页码:1721 / 1733
页数:13
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