Kant's Doctrine of Right: A Commentary - download pdf or read online

By B. Sharon Byrd

ISBN-10: 0521196647

ISBN-13: 9780521196642

Released in 1797, the Doctrine of correct is Kant's most important contribution to felony and political philosophy. because the first a part of the Metaphysics of Morals, it offers with the felony rights which folks have or can gather, and goals at supplying the grounding for lasting overseas peace during the suggestion of the juridical nation (Rechtsstaat). This observation analyzes Kant's approach of person rights, ranging from the unique innate correct to exterior freedom, and finishing with the fitting to possess estate and to have contractual and relations claims. transparent and to the purpose, it courses readers in the course of the so much tricky passages of the Doctrine, explaining Kant's terminology, process and ideas within the gentle of his highbrow setting. one of many only a few commentaries at the Doctrine of correct to be had in English, this publication can be crucial for an individual with a robust curiosity in Kant's ethical and political philosophy.

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24 The idea of public law,25 however, extends beyond Kant’s characterization of public law in §43 of the Doctrine of Right to include the idea of public rights. “Public” means the opposite of “secret”26 and thus “public” is what is open or available to everyone or at least to every interested party. In Theory and Practice, Kant says: “No law / right (Recht) in the state can be concealed . . ”27 That this statement applies not only to all law but also to all rights can be seen in Perpetual Peace, where Kant states: If I abstract from all substance of public law .

When Kant, however, uses the expression “public justice,” he means neither an individual virtue nor a standard, at least not initially. In his article “Idea of a Universal History in Cosmopolitan Design” of 1784, Kant speaks of the difficulty of attaining “a commander of public justice, who himself is just” (AA VIII (Idea), p. 23, ll. 15–16). Here, as we can see from the context, “public justice” is another expression for the state. The idea of the juridical state and the postulate of public law 33 public justice embodied in its three institutions.

60. , p. 37. , §113, Achenwall speaks of ius pro complexu et scientia legum iuridicarum sumtum (ius as a composite and science of juridical laws), meaning an objective ius. Kant’s characterization of objective law as a “systematic theory” (AA VI, Division DoR B, p. 237, l. 15) corresponds to Achenwall’s description. AA VI, Division DoR B, p. 237, l. 15. The distinction between public and private law is based on Roman legal concepts. ) Achenwall lies squarely within this tradition. II. §87 (AA XIX, p.

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Kant's Doctrine of Right: A Commentary by B. Sharon Byrd


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