In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

The proposed justification avoids problems that invalidate the familiar entitlement, utility, and interest-based justifications; interprets private property as necessary for controlling resources we need for our well-being; recognizes that the possession, uses, and limits of private property must be justified differently; and combines the defensible portions of the familiar but unsuccessful attempts at justification with a more complex account that combines the defensible portions of previous justificatory attempts with a new pluralistic approach that treats the right to private property as (...) a conventional, defeasible, but indispensable right. (shrink)

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

Liberal egalitarian political philosophers have often argued that private property is a legal convention dependent on the state and that complaints about taxation from entitlement theorists are therefore based on a conceptual mistake. But our capacity to grasp and use property concepts seems too embedded in human nature for this to be correct. This essay argues that many standard arguments that property is constitutively a legal convention fail, but that the opposition between conventionalists and natural rights theorists is outmoded. In (...) doing this, the essay draws on recent literature in evolutionary biology and psychology. Even though modern property in a complex society involves legal conventions, those conventions should be sensitive to our natural dispositions concerning ownership. (shrink)