What is Provisional Possession
Bibliographic Data
| ID | 20510690 |
|---|---|
| Authors | Hongjian Tan (University of St Andrews, corresponding author) |
| Year | 2025 |
| Volume | 30 |
| Issue | 3 |
| Pages | 467-486 |
| Publication date | 2025-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Kantian Review (JOURNAL) |
| Journal identifiers | ISSN: 1369-4154 • E-ISSN: 2044-2394 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1369415425100794 |
| OpenAlex | W4412389636 |
| Language | EN |
| Citations received | 1 |
| References cited | 20 |
The concept of provisional possession in Kant presents a significant interpretative challenge. Scholars agree that prior empirical possession must be rationalized but have struggled to identify a form of omnilaterality within the state of nature. I propose understanding provisionality through the Pure Concept of Understanding of Possession (PUP) – a unilateral yet normative framework that rationalizes empirical possession based on temporal priority. Possession understood through PUP serves as a precursor to intelligible possession within the state of nature. To support this account, I first demonstrate that intelligible possession starts from empirical possession, thereby requiring an explanation of the transition from the latter to the former. I then argue that provisional possession unfolds in two distinct steps: first, prior empirical possession acquires an empirical title through the postulate of practical reason, which confers normative significance on temporal priority; second, PUP abstracts from empirical conditions, facilitating the progression towards a rational title
Geography · Linguistics · American Constitutional Law and Politics · Philosophy
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The Moral Foundation of Right
Ownership, Use, and Exclusivity
Kant's Doctrine of Right
Kant and Modern Political Philosophy
The postulate of private right and Kant’s semi-historical principles of property
Permissive Laws and Teleology in Kant’s Juridical and Political Philosophy
Kant on Property Rights and the State
Kant’s Provisionality Thesis
Kant’s Principle of Justice as Categorical Imperative of Law
Private Law and Kantian Right
What Is Provisional Right
"The Typic in Kant’s "Critique of Practical Reason
The provisionality of property rights in Kant's Doctrine of Right
Kant-Lexikon
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |