James Clarke

This chapter explores Fichte’s account of the structure, functions, and limits of the state in his 1796/1797 Foundations of Natural Right. In the first three sections, I discuss Fichte’s methodology, his theory of the social contract, and his account of the various powers of government. I then turn, in the fourth section, to a critical examination of Fichte’s theory of the institution that is supposed to serve as a bulwark against despotism and to protect individual freedom: the “ephorate.” In the fifth and final section, I discuss Fichte’s account of the police and consider whether it can be defended. I conclude that an adequate defense of Fichte would require a substantial revision to his theory of the state.

This paper provides a critical reconstruction of J. B. Erhard's account of recognition that locates it within the context of his revolutionary natural law theory. The first three sections lay out the foundations of Erhard's position. The fourth section outlines Erhard's response to the opponents of revolution and raises a problem for it. The fifth section argues that we can resolve this problem by drawing upon Erhard's account of failures of legal recognition. The sixth and final section considers the relevance of that account for contemporary legal and political theory.

Scholarship on Kant's practical philosophy has often overlooked its reception in the early days of post-Kantian philosophy and German Idealism. This volume of new essays illuminates that reception and how it informed the development of practical philosophy between Kant and Hegel. The essays discuss, in addition to Kant, Hegel and Fichte, relatively little-known thinkers such as Pistorius, Ulrich, Maimon, Erhard, E. Reimarus, Reinhold, Jacobi, F. Schlegel, Humboldt, Dalberg, Gentz, Rehberg, and Möser. Issues discussed include the empty formalism objection, the separation between right and morality, freedom and determinism, nihilism, the right to revolution, ideology, and the limits of the liberal state. Taken together, the essays provide an historically informed and philosophically nuanced picture of the development of post-Kantian practical philosophy.

Several commentators have argued that Hegel's account of ‘self-consciousness’ in Chapter IV of the Phenomenology of Spirit can be read as an ‘immanent critique’ of Fichte's idealism. If this is correct, it raises the question of whether Hegel's account of ‘recognition’ in Chapter IV can be interpreted as a critique of Fichte's conception of recognition as expounded in the Foundations of Natural Right. A satisfactory answer to this question will have to provide a plausible interpretation of the ‘life and death struggle’ as an immanent critique of Fichte's account of recognition. This paper aims to provide such an interpretation. The first part of the paper provides a discussion of Fichte's account of recognition that emphasizes its ‘epistemic’ concerns. The second part argues that Hegel's account of the ‘life and death struggle’ can be read plausibly as an immanent critique of Fichte's account of recognition.