This preview shows page 235 - 237 out of 339 pages.
authority on the part of the revolutionary: Concern for human rights leads the virtuous person to accept the authority of the law, but in [tyrannical] circumstances adherence to the law will lead her to support institutions that systematically violate human rights. The person with the virtue of justice, the lover of hu- man rights, unable to turn to the actual laws for their enforcement, has nowhere else to turn. She may come to feel that there is nothing for it but for her to take human rights under her own protection, and so to take the law into her own ha
NEG: Kant NC June 2019 Champion Briefs236 Revolution violates the duty of public reason--evolution within the state is a better approach. Beck, Lewis. "Kant And The Right Of Revolution." Journal of the History of Ideas. 1971. Web. May 11, 2019. <;. In Perpetual Peace, however, there is another criticism of the putative right of revolution, a criticism which is more deeply rooted in Kant's moral philosophy than in his metaphysics of jurisprudence. The previous argument, as it were, is a legalistic consequence of the categorical imperative in the form which forbids us from acting on maxims which are self-contradictory when universalized. The new argument is derived from the form of the categorical imperative which requires us to treat human beings as end-setting ends-in-themselves, and it leads to what Kant calls the "transcendental formula of public law": "All actions relating to the right of other men are un- just if their maxim is not consistent with publicity." "The illegitimacy of rebellion," he infers, "is thus clear from the fact that its maxim, if openly acknowledged, would make its own purpose impossible. Therefore [the maxim to revolt on occasion] would have to be kept secret"14 in order to be effective, and is therefore illegitimate. The maxim to put down revolution, however, passes this test and is likely to be most effective when given the widest publicity. In place of revolution, Kant favors evolution. The evolution of the state to a more just form and administration, Kant believes, is inevitable only if there is public enlightenment and freedom of the press. The free press is the palladium of human rights.15 It permits the reform of the state by apprising the rulers of the dissatisfactions of the subjects, and it is to the interests of the rulers themselves that these dissatisfactions be removed, since an irrational legislation-one decided for the people in a way in which the people would not decide for themselves16-makes for instability in the government and insecurity of the rulers. Reform can be effected only by the sovereign,17 but it can be undertaken by him with wisdom only if he is made aware of the inequities and inadequacies of his administration. Until this reform is effected, however, the people must obey. For to dis- obey is to return to the state of nature and to leave it to chance, or Providence, whether the new government yet to be established will be better or worse than the one which is overthrown. Reform means progress, the