The political philosophy ofImmanuel Kant (1724–1804) favoured aclassical republican approach.[1][2] InPerpetual 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 republics by establishment of politicalcommunity.[3] Hisclassical republican theory was extended inDoctrine of Right (1797), the first part ofMetaphysics of Morals.[4] At the end of the 20th century Kant's political philosophy had been enjoying a remarkable renaissance in English-speaking countries with more major studies in a few years than had appeared in the preceding many decades.[5]
Kant's most significant contribution to political philosophy and thephilosophy of law is the doctrine ofRechtsstaat. According to this doctrine, the power of the state is limited in order to protectcitizens from the arbitrary exercise ofauthority. TheRechtsstaat is a concept incontinental European legal thinking, originally borrowed fromGermanjurisprudence, which can be translated as "the legal state" or "state of rights". It is a "constitutionalstate" in which the exercise ofgovernmental power is constrained by thelaw,[6] and is often tied to theAnglo-American concept of therule of law. Kant's political philosophy has been described asliberal for its presumption of limits on the state based on thesocial contract as a regulative matter.[7]
In aRechtsstaat, the citizens share legally basedcivil liberties and they can use thecourts. A country cannot be aliberal democracy without first being aRechtsstaat. German writers usually placeImmanuel Kant's theories at the beginning of their accounts of the movement toward theRechtsstaat.[8] TheRechtsstaat 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 butconstitutionalism 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.”[9] Kant's idea is the foundation for the constitutional theory of the twentieth century.
TheRechtsstaat concept is based on the ideas, discovered by Immanuel Kant, for example, in hisGroundwork of the Metaphysic of Morals: "The task of establishing a universal and permanent peaceful life is not only a part of the 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."[10] The concept of theRechtsstaat appeared in the German context inRobert von Mohl's bookDie deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates ("German police science according to the principles of the constitutional state", 1832–1834), and was contrasted with thearistocraticpolice state.
Kant opposed "democracy" – which, in that era, meantdirect democracy – believing thatmajority 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 thegeneral will with itself and with freedom."[11] As most writers at the time he distinguished three forms of government: democracy, aristocracy, and monarchy withmixed government as the most ideal form of government.
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.[12]
