Reason, Self-Legislation and Legitimacy: Conceptions of Freedom in the Political Thought of Rousseau and Kant

Abstract

Rousseau and Kant both argue for contractarian theories of justice. In spite of their common contractarianism, however, Rousseau and Kant argue for conceptions of legitimacy which differ markedly. The substantive differences between their accounts of legitimacy, I suggest, illustrate the political implications of disagreement regarding the status of practical reason. Rousseau, in assigning reason to a merely instrumental status, anticipates both postmodern and empiricist skepticism regarding the power of reason to ground the choice of ends. Kant is the forerunner of contemporary accounts of justice which reject such skeptical views of practical reason. Rousseau's skepticism about practical reason ties his criterion of legitimacy directly to the actual preferences of individuals. Kant's more robust conception of practical reason (1) allows him to argue for a criterion of great generality and flexibility, but (2) ties the plausibility of his account of legitimacy directly to the soundness of his conception of practical reason.