Political philosophy of Immanuel Kant
Encyclopedia
Immanuel Kant
(1724–1804) favoured a classical republican
approach to political philosophy
. In Perpetual Peace: A Philosophical Sketch (1795) Kant listed several conditions that he thought necessary for ending wars and creating a lasting peace. They included a world of constitutional republic
s by establishment of political community
. His classical republican
theory was extended in Science of Right (1797), the first part of Metaphysics of Morals
.. At the end of 20th century Kant's political philosophy has been enjoying a remarcable renaissance in English-speaking countries with more major studies in few years than had been appeared in the preceding many decades .
The biggest invention of Kant in the philosophy of law and the political philosophy is the doctrine of Rechtsstaat
. According to this doctrine the power of the state is limited in order to protect citizens from the arbitrary exercise of authority
. is a concept in continental Europe
an legal thinking, originally borrowed from German
jurisprudence
, which can be translated as "the Legal state" or "state of rights". It is a "constitutional state
" in which the exercise of governmental power
is constrained by the law
, and is often tied to the Anglo-America
n concept of the rule of law
.
In a Rechtsstaat the citizens share legally based civil liberties
and they can use the court
s. A country cannot be a liberal democracy
without first being a Rechtsstaat. German writers usually place Immanuel Kant
's theories at the beginning of their accounts of the movement toward the Rechtsstaat. The Rechtsstaat in the meaning of "constitutional state" was introduced in the latest works of Immanuel Kant after US and French constitutions were adopted in the late 18th century. Kant’s approach is based on the supremacy of a country’s written constitution. This supremacy must create guarantees for implementation of his central idea: a permanent peaceful life as a basic condition for the happiness of its people and their prosperity. Kant was basing his doctrine on none other but constitutionalism and constitutional government. Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” Kant’s idea is the foundation for the constitutional theory of the twenty-first century.
The Rechtsstaat concept is based on the ideas, discovered by Immanuel Kant, for example, in his Groundwork of the Metaphysic of Morals:
“The task of establishing a universal and permanent peaceful life is not only a part of theory of law within the framework of pure reason, but per se an absolute and ultimate goal. To achieve this goal, a state must become the community of a large number of people, living provided with legislative guarantees of their property rights secured by a common constitution. The supremacy of this constitution… must be derived a priori from the considerations for achievement of the absolute ideal in the most just and fair organization of people’s life under the aegis of public law.”. The concept of the Rechtsstaat appeared in the German context in Robert von Mohl
's book Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates ("German police science according to the principles of the constitutional state", 1832–1834), and was contrasted with the aristocratic
police state
.
Critics of the European Union
assert that the Union's relative inability to establish itself as an influential external policy entity in the international level stems from the fact that the EU's institutions function on Kantian premises and are therefore ill-equipped to face the more primitive, non-Kantian world outside.
He opposed "democracy", which, in that era, meant direct democracy
, believing that majority rule posed a threat to individual liberty. He stated, "…democracy is, properly speaking, necessarily a despotism, because it establishes an executive power in which "all" decide for or even against one who does not agree; that is, "all", who are not quite all, decide, and this is a contradiction of the general will with itself and with freedom." As most writers at the time he distinguished three forms of government i.e. democracy, aristocracy, and monarchy with mixed government
as the most ideal form of it.
A distinctive feature of Kant's political philosophy is his conviction that the university should be a model of creative conflict: the philosopher's role within the university should be to "police" the higher faculties (which in his day were theology, law and medicine), making sure their teaching conforms to the principles of reason; likewise, the goal of perpetual peace in society can be achieved only when the rulers consult with philosophers on a regular basis.
Immanuel Kant
Immanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
(1724–1804) favoured a classical republican
Classical republicanism
Classical republicanism is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity. The earliest examples of the school were classical writers such as Aristotle, Polybius, and Cicero...
approach to political philosophy
Political philosophy
Political philosophy is the study of such topics as liberty, justice, property, rights, law, and the enforcement of a legal code by authority: what they are, why they are needed, what, if anything, makes a government legitimate, what rights and freedoms it should protect and why, what form it...
. In Perpetual Peace: A Philosophical Sketch (1795) Kant listed several conditions that he thought necessary for ending wars and creating a lasting peace. They included a world of constitutional republic
Constitutional republic
A constitutional republic is a state in which the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the government's power over all of its citizens...
s by establishment of political community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
. His classical republican
Classical republicanism
Classical republicanism is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity. The earliest examples of the school were classical writers such as Aristotle, Polybius, and Cicero...
theory was extended in Science of Right (1797), the first part of Metaphysics of Morals
Metaphysics of Morals
The Metaphysics of Morals is a major work of moral and political philosophy by Immanuel Kant. It was not as well known or as widely read as his earlier works, Groundwork of the Metaphysics of Morals and the Critique of Practical Reason, but it experienced a renaissance in the English-speaking...
.. At the end of 20th century Kant's political philosophy has been enjoying a remarcable renaissance in English-speaking countries with more major studies in few years than had been appeared in the preceding many decades .
The biggest invention of Kant in the philosophy of law and the political philosophy is the doctrine of Rechtsstaat
Rechtsstaat
Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
. According to this doctrine the power of the state is limited in order to protect citizens from the arbitrary exercise of authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
. is a concept in continental Europe
Continental Europe
Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands....
an legal thinking, originally borrowed from German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, which can be translated as "the Legal state" or "state of rights". It is a "constitutional state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
" in which the exercise of governmental power
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
is constrained by the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, and is often tied to the Anglo-America
Anglo-America
Anglo-America is a region in the Americas in which English is a main language, or one which has significant British historical, ethnic, linguistic, and cultural links...
n concept of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
.
In a Rechtsstaat the citizens share legally based civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
and they can use the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s. A country cannot be a liberal democracy
Liberal democracy
Liberal democracy, also known as constitutional democracy, is a common form of representative democracy. According to the principles of liberal democracy, elections should be free and fair, and the political process should be competitive...
without first being a Rechtsstaat. German writers usually place Immanuel Kant
Immanuel Kant
Immanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
's theories at the beginning of their accounts of the movement toward the Rechtsstaat. The Rechtsstaat in the meaning of "constitutional state" was introduced in the latest works of Immanuel Kant after US and French constitutions were adopted in the late 18th century. Kant’s approach is based on the supremacy of a country’s written constitution. This supremacy must create guarantees for implementation of his central idea: a permanent peaceful life as a basic condition for the happiness of its people and their prosperity. Kant was basing his doctrine on none other but constitutionalism and constitutional government. Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” Kant’s idea is the foundation for the constitutional theory of the twenty-first century.
The Rechtsstaat concept is based on the ideas, discovered by Immanuel Kant, for example, in his Groundwork of the Metaphysic of Morals:
“The task of establishing a universal and permanent peaceful life is not only a part of theory of law within the framework of pure reason, but per se an absolute and ultimate goal. To achieve this goal, a state must become the community of a large number of people, living provided with legislative guarantees of their property rights secured by a common constitution. The supremacy of this constitution… must be derived a priori from the considerations for achievement of the absolute ideal in the most just and fair organization of people’s life under the aegis of public law.”. The concept of the Rechtsstaat appeared in the German context in Robert von Mohl
Robert von Mohl
Robert von Mohl was a German jurist. Father of diplomat Ottmar von Mohl. Brother of Hugo von Mohl and Julius von Mohl....
's book Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates ("German police science according to the principles of the constitutional state", 1832–1834), and was contrasted with the aristocratic
Aristocracy
Aristocracy , is a form of government in which a few elite citizens rule. The term derives from the Greek aristokratia, meaning "rule of the best". In origin in Ancient Greece, it was conceived of as rule by the best qualified citizens, and contrasted with monarchy...
police state
Police state
A police state is one in which the government exercises rigid and repressive controls over the social, economic and political life of the population...
.
Critics of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
assert that the Union's relative inability to establish itself as an influential external policy entity in the international level stems from the fact that the EU's institutions function on Kantian premises and are therefore ill-equipped to face the more primitive, non-Kantian world outside.
He opposed "democracy", which, in that era, meant direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
, believing that majority rule posed a threat to individual liberty. He stated, "…democracy is, properly speaking, necessarily a despotism, because it establishes an executive power in which "all" decide for or even against one who does not agree; that is, "all", who are not quite all, decide, and this is a contradiction of the general will with itself and with freedom." As most writers at the time he distinguished three forms of government i.e. democracy, aristocracy, and monarchy with mixed government
Mixed government
Mixed government, also known as a mixed constitution, is a form of government that integrates elements of democracy, aristocracy, and monarchy. In a mixed government, some issues are decided by the majority of the people, some other issues by few, and some other issues by a single person...
as the most ideal form of it.
A distinctive feature of Kant's political philosophy is his conviction that the university should be a model of creative conflict: the philosopher's role within the university should be to "police" the higher faculties (which in his day were theology, law and medicine), making sure their teaching conforms to the principles of reason; likewise, the goal of perpetual peace in society can be achieved only when the rulers consult with philosophers on a regular basis.
See also
- RechtsstaatRechtsstaatRechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
- Immanuel KantImmanuel KantImmanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Roerich Pact
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...