Whereas several commentators have held that Kant’s argument for the postulate of private right fails insofar as it begs the question, I argue here that this criticism misses the mark. Critics have...

[full article, abstract in English; abstract in Lithuanian] During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an (...) original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective. (shrink)

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Neste artigo fazem-se algumas considerações sobre a justificação da propriedade privada na filosofia do direito de Kant. A partir da análise do conceito de lei permissiva da razão, defende-se que na filosofia do direito opera uma perspectiva teleológico- reflexionante de caráter prático, a qual permite compreender, por um lado, que a propriedade no estado de natureza seja legítima ao mesmo tempo em que é problemática, enquanto, por outro lado, o estado civil envolve a exigência de que a propriedade seja adequada (...) segundo as condições de um sistema de justiça distributiva. (shrink)

While the critically oriented writings of Immanuel Kant remain the key theoretical grounds from which universalists challenge reduction of international rights law and protection to the practical particularities of sovereign states, Kant’s theory can be read as also a crucial argument for a human rights regime ordered around sovereign states and citizens. Consequently, universalists may be tempted to push Kant’s thinking to greater critical examination of ‘the human’ and its properties. However, such a move to more theoretical rigour in critique (...) only solidifies the subversive statism of Kant’s apparent universalism, as long as it remains embedded in his prior theory of critical philosophy that privileges a singular form of reason. Universalist theories of human rights can break with this contradiction only insofar as they also displace the right to philosophy from the subject and site of ‘civil’ man to a politics of theory where no such subject or site is guaranteed. (shrink)

This study interprets the later texts of Immanuel Kant (1724–1804) with the approach of conceptual history. The selected works include a number of texts that are not generally regarded as politically interesting or relevant. This study also highlights Kant’s role as a significant classic figure in political thinking who still benefits modern research. The selected texts are approached as political discourses in a contemporary dialogue, and no principal explanation is sought for these from Kant’s famous “major” critiques. The texts are (...) read as part of Publicum, the public debate atmosphere during Prussia’s Late Enlightenment, in which the opinions of other debaters were criticised or further developed. The interpretation focuses on political problems in Kant’s production, many of which still confound researchers. Frequently asked critical questions include: Why does the Enlightenment philosopher name ownership and gender requirements for citizenship? Would not education or studies be suitable criteria? How is it possible that republicanism, an ideal raised as a guarantee of eternal peace, can exist in a monarchy, while a democracy is the most undesirable way to rule? Why should a tyranny or a bad ruler not be opposed, while the French Revolution is an admirable example? In this study, Kant’s way of thinking is interpreted by opening up the context of the era. Known as a reformer in many themes, Kant has a strong background in German theoretical history. For example, the value of the natural history theory cannot be ignored. This study presents a view of how Kant explains the social contract and the development that takes place through it from the natural state to a regulated social state. Furthermore, the definition of all the different aspects of citizenships owes to the heritage of natural law. This study demonstrates that Kant understood the Enlightenment as a political project, which was associated not only with the demand for a freedom of publication, but also with the debate over questions in the political sphere. In my interpretation, Kant’s Enlightenment theme also includes the demand to tear down universities’ horizontal division into faculties and to elevate the position of the philosophical faculty, free of external ties, to the level of other faculties, or even higher, to evaluate their scientific and philosophical grounds. (shrink)