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The Independence of Right from Ethics Allen Wood Right and ethics ...

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serve their ends – is an unconditional requirement <strong>of</strong> reason. It is independent <strong>of</strong> <strong>ethics</strong>, <strong>and</strong>independent <strong>of</strong> all ethical values, including the happiness <strong>of</strong> others, or even <strong>of</strong> one’s ownhappiness. <strong>The</strong> exercise <strong>of</strong> coercion by the state, therefore, can never be justified in the name <strong>of</strong>anyone’s welfare or happiness, not even the welfare or happiness <strong>of</strong> all – as utilitarian politicaltheories, for example, seem committed to attempt. Coercion can never be justified except in thename <strong>of</strong> external freedom according to universal law, including the freedom <strong>of</strong> those coerced.This basic idea <strong>of</strong> Kant’s theory <strong>of</strong> right, when stated directly <strong>and</strong> forcefully, has atendency to sound like a libertarian slogan. No doubt this is why Kant’s theory <strong>of</strong> right was atone time read by people like F. A. Hayek, Robert Nozick <strong>and</strong> Mary Gregor as supporting theirlibertarian political ideology. (A recent commentary on the Doctrine <strong>of</strong> <strong>Right</strong> by Sharon Byrd<strong>and</strong> Joachim Hruschka shows that this reading is still alive <strong>and</strong> well.) But earlier twentiethcenturyKantian theories <strong>of</strong> right – those, for instance, <strong>of</strong> Hermann Cohen, Paul Natorp, KarlVorländer, Max Adler, <strong>and</strong> Julius Ebbinghaus -- <strong>and</strong> also the consensus <strong>of</strong> more recenttreatments <strong>of</strong> Kantian right -- by Wolfgang Kersting, <strong>Allen</strong> Rosen, Paul Guyer, LeslieMulholl<strong>and</strong>, Alex<strong>and</strong>er Kaufman, Arthur Ripstein <strong>and</strong> myself – have all defended a verydifferent set <strong>of</strong> conclusions, arguing that Kantian right would sooner result in a social democraticstate than in the state friendly to wealth <strong>and</strong> privilege that is celebrated by libertarians.Libertarians <strong>of</strong>ten claim -- thinking that the claim is good Kantianism -- that no one’sfreedom may be restricted by the state for the sake <strong>of</strong> the welfare <strong>of</strong> others, or even the welfare<strong>of</strong> all. And they are right, as far as that one claim goes. But in practice, their ideology advancesonly the interests <strong>of</strong> concentrated wealth, capital <strong>and</strong> corporate power. That is because their way<strong>of</strong> thinking refuses to acknowledge that it is equally essential to right that the external freedom <strong>of</strong>the rich <strong>and</strong> powerful must be restricted by the state in order to protect the external freedom <strong>of</strong>18

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