For some years now, the humanity and moral integrity of Kant`s thinking has been called into question. In contrast, Hans Friedrich Fulda's legacy provides a decidedly different interpretation of Kant. Martin Welsch reconstructs this position of Kantian anarchism and recognises its relevance to constitutional law.

For some years now, the dark sides of Kant's philosophy have been the centre of attention. Not only have accusations of racism damaged Kant's reputation, but the humanity and moral integrity of his thinking has also been called into question. In contrast, Hans Friedrich Fulda's legacy provides a decidedly lucid interpretation of Kant. Kant is revealed as a thinker radically critical of domination who sees no absolute necessity for political power to be concentrated in and wielded by a state. Martin Welsch reconstructs this position of Kantian anarchism and recognises its relevance to constitutional law. At the same time, he shows the price that the "bright" interpretation of Kant has to pay. The splitting off of the inhuman aspects of Kant's philosophy must take the return of the repressed into the bargain. Instead, Welsch sees Kant as a thinker of the dialectic of enlightenment avant la lettre. Kant's late theory of law deals with the connection between the light and dark sides of an only supposedly pure reason of domination.