Kant on Property
The Problem of Permissive Law
Bibliographic Data
| ID | 4879837 |
|---|---|
| Authors | Brian Tierney (0000-0003-1607-2909, corresponding author) |
| Year | 2001 |
| Volume | 62 |
| Issue | 2 |
| Pages | 301-312 |
| Publication date | 2001-04-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of the History of Ideas (JOURNAL) |
| Journal identifiers | ISSN: 0022-5037 • E-ISSN: 1086-3222 |
| Publisher | Project MUSE (PUBLISHER • US) |
| DOI | 10.1353/jhi.2001.0020 |
| OpenAlex | W2043490910 |
| Language | EN |
| Citations received | 12 |
| References cited | 3 |
In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance for understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literature. 1 Since then others have taken up the theme, but it remains relatively neglected in the vast modern literature on Kant. In the work of Brandt and in some other recent explorations of this question a primary concern has been to relate Kant's doctrine to other aspects of his critical theory. Brandt himself, for instance, compared the "provisional" and "peremptory" rights mentioned in the Doctrine of Right with the "problematic" and "assertoric" judgments of the Critique of Pure Reason. The problem that I want to consider is rather different. In the following study I want to consider primarily the internal structure of the Doctrine of Right and specifically to ask whether Kant's appeal to permissive natural law served a constructive purpose in the theory of property that he presented in that work or whether it was perhaps subversive of the argument that he developed. 2 This will require [End Page 301] some discussion of the other usages of the idea of permissive law that we find scattered in Kant's later writings. In pursuing such an inquiry we encounter various difficulties and apparent anomalies in Kant's teaching. I want finally to suggest that we might understand those difficulties better if we were to situate Kant's work in a broader historical context than those that have previously been considered, bearing in mind that the concept of permissive natural law had been discussed by jurists and political philosophers for several centuries before Kant took up the argument
Appeal · Argument (complex analysis · Constructive · Doctrine · Epistemology · Natural (archaeology · Natural law · Permissive · Political philosophy · Political science · Politics · Property (philosophy · Theme (computing · Theology · Computer Science · Law · Legal and Constitutional Studies · Philosophical Ethics and Theory · Philosophy · War, Ethics, and Justification · History
Sobre el concepto de ley permisiva y su función argumentativa en el § 2 de la Rechtslehre
Prisila na slobodu
Permissive Natural Law and Property
Barbeyrac’s Intervention
A Permissive Theory of Territorial Rights
Kant’s Hylomorphic Formulation of Right and the Necessity of the State
Permissive Laws and Teleology in Kant’s Juridical and Political Philosophy
Property and the Will
Considerações sobre a justificação de Kant acerca da propriedade privada
The provisionality of property rights in Kant's Doctrine of Right
Kant's popular sovereignty and cosmopolitanism
O direito real de Kant
| Unique citing works | 12 |
|---|---|
| Citations per year | 0,48 |
| Citation span | 2001 - 2024 (24) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 9 |