Rights - Kantian Approaches

Rights and Human rights have been the key concepts of modern politics and modern systems of law since American and French Revolution at the end of the 18th century. However, many aspects these concepts have been under discussion since then. Indeed, one can argue that the history of modern political and legal philosophy is a history of reconstructions and deconstructions of these concepts. Hence, it is still the case that we need further clarification with regard to at least the following aspects: - What is the status of the concept of rights? Is it the only concept that grounds the normative dimension of politics? Or do we need to recognise a role to be played by other normative concepts, e.g., virtues, or ethical/religious/cultural ideals, in politics and law? Relevantly should considerations about rights trump any other considerations, e.g. issues concerning public security or people`s conventional morality, in the cases of deciding on the legitimacy of a particular policy? - What is the relation between the concept of rights and other normative concepts, particularly the concepts of obligation and duty? Is the concept of rights a free-standing one? Or, should there be a corresponding duty to any right? If so, is it the case that rights holders and duty-bearers always coincide? - What is the scope of rights? Most importantly, what is the scope of human rights? - What is the role of political-legal authorities with regard to rights and human rights? Is it a matter of recognition of objective standards? Or is it a matter of constructing common standards? - If it is the case that political-legal authorities are necessary for a system of rights and human rights, does this provide a ground to argue that such authorities have certain rights (sometimes, referred to as the rights of sovereignty) and not only duties with regard to their citizens? If yes, is it possible that a right of state might come into conflict with the rights of a person or a group of persons? - What can we think about the role of the concept of rights and human rights as far as international and supranational relations are concerned? Is it a supranational system of human rights possible indeed? Or is it possible to secure human rights completely in any country of the world without having such a supranational system? These are only some of the general questions political and legal philosophy has to deal with, if they intend to provide insights for improved understanding of political and legal practices in the contemporary world. Among different currents of political-legal philosophy, the Kantian school has always been recognised as distinctive in its emphasis on the centrality of the concept of rights and human rights in the political and legal sphere. In recent decades, we witness that interest in Kant`s practical philosophy has been particularly increased, mostly as an aftereffect of John Rawls`s and Jürgen Habermas`s reconstructions of certain ideas traced back to Kant. Today, many scholars and students of political philosophy engage with the ideas of Kant and his followers as a source of insights to overcome divisive problems we are facing in the sphere of political and legal practices. In the proposed Section, we will explore what solutions the Kantian perspective or perspectives might be bringing about concerning our better understanding of different aspects of the concept of rights and human rights. Thematically, the range of discussions in our Panels will include topics such as the normative foundations of modern politics, the normative significance of the concept of rights, the nature of law as a specific form of regulation of human affairs, the nature and scope of human rights, the normative limits of state power, the rights of the states, the nature of justice, the prospects for an international or cosmopolitan structure of human rights. Potential Panel Themes and Organisers The following academics have expressed an interest in organising and submitting proposals for the following Panels (in alphabetic order): Sorin Baiasu (Keele): Moral Duties and Human Rights in Kant Ruhi Demiray (Kocaeli/Keele): Kant on the Nature and Limits of Political-Legal Authority Harry Lesser (Manchester): Kant on Rationalism, Foundationalism and Constitutionalism in Politics Sylvie Loriaux (Nijmegen): Kantian Perspectives on Territorial Rights Alice Pinheiro-Walla (Dublin): Kant on the Scope of Human Rights Lucas Thorpe (Bogazici): Kant on Republicanism and Liberalism Garrath Williams (Lancaster): Are (Human) Rights All That Matters in Kantian Politics? Howard Williams (Aberystwyth): Kant on Cosmopolitanism and the Idea of Global Justice References Kant, I. (1991). Kant: Political Writings, H.S. Reiss (ed.), H.B. Nisbet (trans.). New York: Cambridge University Press. Kant, I. (1996) The Metaphysics of Morals, M. Gregor (trans. and ed.). New York: Cambridge University Press. Rawls, J. (1999) A Theory of Justice. Cambridge, MA: Harvard University Press. Rawls, J. (2001) The Law of Peoples. Cambridge, MA: Harvard University Press. Rawls, J. (2005) Political Liberalism: Expanded Edition. New York: Columbia University Press. Habermas, J. (1996) Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, W. Rehg (trans.). Cambridge, MA: The MIT Press.