Kant's Theory of Law
Proceedings of the Special Workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy in Belo Horizonte, 2013
- 146 pages
- English
- PDF
- Available on iOS & Android
Kant's Theory of Law
Proceedings of the Special Workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy in Belo Horizonte, 2013
About this book
This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements – for instance, the duty of independence from the coercion by others – and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment.
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Table of contents
- Contents
- Introduction
- Human Dignity as Justice in the Face of Injustice: On Kant’s Supplementary Function of Human Dignity in Law
- Kant’s Theory of Law and the Principle of Freedom
- Compatibility of the Moral Foundation of Law in Kant with the Theory of Reflective Judgment and with the Kantian Theory of Revolution
- How Kant’s Arguments about the Right of Necessity are Refuted by Translating them into a Two-tiered Thought Experiment
- Vernunftkritik, Moralkonstruktivismus und Besitzrecht bei Kant
- Kant on the Right of Resistance
- Kant’s Republicanism