Almost ten years before having drafted the text “The Liberty of the Ancients Compared with That of the Moderns” (1988),1 Benjamin Constant published a pamphlet entitled “Political Reactions” (1998).2 There, he criticized a “German philosopher” for holding a view that made society impossible, namely, that truthfulness was a person’s unconditional obligation (Constant 1998: 493). One year later, Kant replied to this pamphlet by arguing against the legal implications of Constant’s criticism, to wit, against “a supposed right to lie from philanthropy” (VRML: 8:425, 611).
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- 24.See, for instance, Habermas’s attempt, in Between Facts and Norms, to counter the interpretation of rights as values (1996: esp. 253–67). See also David Strauss’s review of Dworkin’s Freedom’s Law: The Moral Reading of the American Constitution (1997).Google Scholar