Kant: Political Writings

TRANSCENDENTAL LOGIC II, DIALECTIC, I, I: OF IDEAS IN GENERAL

A constitution allowing the greatest possible human freedom in accordance with laws which ensure that the freedom of each can co-exist with the freedom of all the others (not one designed to provide the greatest possible happiness, as this will in any case follow automatically), is at all events a necessary idea which must be made the basis not only of the first outline of a political constitution but of all laws as well. It requires that we should abstract at the outset from present hindrances, which perhaps do not arise inevitably out of human nature, but are rather occasioned by neglect of genuine ideas in the process of legislation. For there is nothing more harmful, or more unworthy of a philosopher, than the vulgar appeal to an allegedly contrary experience, which would not have existed at all if the above measures had been taken at the right time in accordance with ideas, and if crude concepts, for the very reason that they were derived from experience, had not instead vitiated every good intention. The more closely the legislation and government were made to harmonise with this idea, the rarer punishments would become, and it is thus quite rational to maintain (as Plato does) that none would be necessary at all in a perfect state. Even if the latter should never come about, the idea which sets up this maximum as an archetype, in order to bring the legal constitution of mankind nearer and nearer to its greatest possible perfection, still remains correct. For no-one can or ought to decide what the highest degree may be at which mankind may have to stop progressing, and hence how wide a gap may still of necessity remain between the idea and its execution. For this will depend on freedom, which can transcend any limit we care to impose.