WHEN THE STRICTEST RIGHT IS THE GREATEST WRONG: KANT ON FAIRNESS

In this paper, I put forward an interpretation of the Kantian state that offers an alternative to the traditional minimalist and to recent welfare interpretations of the Kantian state. I show that although the Kantian state has no duty to redistribute, Kant's conception of equity or fairness (Billigkeit, MS RL VI: 234) allows the state to recognize redistribution as belonging to the ideal republic (republica noumenon), towards which all states have a non-coercible obligation to strive. I back up my interpretation with passages of the Metaphysics of Morals and of Kant's lectures in which Kant questions the character of the duty of beneficence as a meritorious duty, given the fact that need is often the result of previous injustice of governments. The problem is that although the destitute have a right to collective aid, unlike strict right, these rights cannot be juridically enforced. This has led to the wrong conclusion that the state or the supreme commander has a duty of virtue towards its subjects and that the poor have no right to aid.