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  1. Property and the Will: Kant and Achenwall on Ownership Rights.Fiorella Tomassini - 2023 - Kantian Review 28 (2):297-313.
    This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...)
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  2. Kant’s Reformulation of the Concept of Ius Naturae.Fiorella Tomassini - 2018 - Idealistic Studies 48 (3):257-274.
    Like previous theorists of natural law, Kant believes in the possibility of a rational theory of ius, but also claims that the very concept of ius naturae and the method of investigation of its principles must be thoroughly reformulated. I will maintain that Kant solves the methodological problem of natural law theories by stating that a rational doctrine of Right concerns pure rational knowledge. Right must be conceived as a metaphysical doctrine in which its principles and laws are determined a (...)
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  3. Right, Morals, and the Categorical Imperative.Fiorella Tomassini - 2023 - Kant Studien 114 (3):513-538.
    In this paper I examine the relationship between the principle of right and the principle of morals [Sitten] in Kant’s Metaphysics of Morals. My interpretation denies that the principle of right is derived from the categorical imperative, but neither does it adhere to the independence thesis. I present a third way of understanding the relationship between the law of right and the universal law of morals: the latter is needed in order to formulate the former, but it is not sufficient. (...)
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  4. Three Models of Natural Right: Baumgarten, Achenwall and Kant.Fiorella Tomassini - 2024 - In Courtney D. Fugate & John Hymers (eds.), Baumgarten and Kant on the Foundations of Practical Philosophy. Oxford University Press.
    I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for Kant’s (...)
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  5. Kant and the Notion of a Juridical Duty to Oneself.Fiorella Tomassini - 2020 - International Philosophical Quarterly 60 (3):257-269.
    In the Doctrine of Right Kant holds that the classical Ulpian command honeste vive is a juridical duty that has the particular feature of being internal. In this paper I explore the reasons why Kant denies that the duty to be an honorable human being comprises an ethical obligation and conceives it as a juridical duty to oneself. I will argue that, despite the conceptual problems that the systematical incorporation of this type of duty into the doctrine of morals might (...)
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