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  1. Do Kant’s Principles Justify Property or Usufruct?Kenneth Westphal - 1997 - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 5:141-194.
    Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it is (...)
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  • ‘The Basic Context and Structure of Hegel’s Philosophy of Right’.Kenneth R. Westphal - 1993 - In Frederick C. Beiser (ed.), The Cambridge Companion to Hegel. New York: Cambridge University Press.
    Hegel’s Philosophy of Right responds to two dichotomies. One is between the freedom of rational thought in its practical application and the givenness of natural impulses and desires. Against Kant Hegel argues that pure reason alone cannot determine the content of any maxim or principle of action. Thus Hegel must find a way in which the content of natural needs and impulses – the only source of content for maxims of action – can be transfigured into contents of rationally self-given (...)
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