Published in 1797, the Doctrine of Right is Kant's most significant contribution to legal and political philosophy. As the first part of the Metaphysics of Morals, it deals with the legal rights ...which persons have or can acquire, and aims at providing the grounding for lasting international peace through the idea of the juridical state (Rechtsstaat). This commentary analyzes Kant's system of individual rights, starting from the original innate right to external freedom, and ending with the right to own property and to have contractual and family claims. Clear and to the point, it guides readers through the most difficult passages of the Doctrine, explaining Kant's terminology, method and ideas in the light of his intellectual environment. One of the very few commentaries on the Doctrine of Right available in English, this book will be essential for anyone with a strong interest in Kant's moral and political philosophy.
Property rights generally tend to be subordinated to other rights, such as the right to life and bodily integrity. A crime of violence evokes far more outrage than a simple pickpocketing. Slogans ...such as 'property is theft' and 'no blood for oil' abound, but one is at a loss to cite similar slogans downgrading life or limb. Socialist and communist states have felt most justified in depriving citizens of the right to own property, but they could not ignore the right to bodily integrity entirely. And modern scholars have claimed that property rights are not rights at all but, instead, depend on the state and its decisions on wealth allocation.
Ausgangspunkt von Kants Rechtsphilosophie ist das „Axiom der äußeren Freiheit“, das, wenn es zu Ende gedacht wird, zum Rechtsstaat führt. Freiheit erweitert sich notwendigerweise zu jedermanns ...Vermögen, Eigentümer von Sachen zu sein. Der Beitrag geht auch auf Kants Methode ein, bei der der Begriff des Ursprünglichen eine Rolle spielt.
The Golden Rule has a history. Today, we usually speak of two formulations of it, one positive: "Do unto others as you would have others do unto you!" and one negative: "Do not do unto others what ...you would have others not do unto you!" But that was not always trae. Hobbes indeed is the first to juxtapose the two, and Thomasius' formulations first permit the conclusion to be drawn that the two versions complement one another. Heineccius later makes clear that there are only two complementary formulations, and not three as Thomasius had assumed. At first, the name "Golden Rule" is used only for the positive version and not until later also for the negative formulation. Later attention is cast on the Golden Rule's function in Hobbes', Thomasius', and Heineccius' systems. Of final interest is the criticism of the Golden Rule and its effect during the Enlightenment.
Die Würde des Menschen bei Kant Hruschka, Joachim
Archiv für Rechts- und Sozialphilosophie,
01/2002, Letnik:
88, Številka:
4
Journal Article
Recenzirano
This article examines Kant's philosophical foundation for human dignity in his Metaphysics of Morals, and ultimately argues that utilitarianism reduces Kant's concept of human dignity to „nonsense on ...stilts“ — to borrow Bentham's terminology. The article begins with a passage in the Doctrine of Virtue where the „human being in the system of nature„ is contrasted to the „human being as a person.“ This distinction is the same as the distinction between the homo phaenomenon (the human being as an appearance in the physical world) and the homo noumenon (the human being as an intellectual being). As a homo noumenon a human being is endowed with freedom through his awareness of an unconditional ought. In addition he has a conscience and moral sentiment, which are the subjective conditions for morally correct behavior and necessary components of his freedom. They establish the character of a human being as a person, from which human dignity — value beyond any price — follows. Whereas Kant makes a convincing case that a person is endowed with dignity, utilitarianism reduces the human being to an animal being whose rights can be bartered and sold through balancing costs and benefits.
