| |
| |
Preface to the Second Edition | |
| |
| |
Translator's Introduction | |
| |
| |
| |
The Spirit of Kant's Moral and Political Philosophy | |
| |
| |
| |
Divisions of Moral Philosophy | |
| |
| |
| |
Law and Justice: Meanings of Recht | |
| |
| |
| |
Kant's Radicalism | |
| |
| |
| |
The A Priori Basis of Morals, Justice, and Virtue: A Radical Egalitarian Analysis | |
| |
| |
Kant's A Priori Concepts: Wille and Willkur | |
| |
| |
| |
Kant and Roman Law | |
| |
| |
Possession and Property (or Ownership) | |
| |
| |
Rights in Rem and Rights in Personam | |
| |
| |
Rights in Personam and Contracts | |
| |
| |
| |
Liberty and Coercion | |
| |
| |
| |
The Ideal and the Actual in Kant's Political Philosophy | |
| |
| |
| |
Understanding Kant through Questions | |
| |
| |
| |
Kant on Marriage and Children | |
| |
| |
The Moral Side of Marriage: How Is Marriage Possible? | |
| |
| |
Note on the Text and the Translation | |
| |
| |
Selected Bibliography | |
| |
| |
Preface | |
| |
| |
Introduction to the Metaphysics of Morals | |
| |
| |
| |
Of the Idea and the Necessity of a Metaphysics of Morals | |
| |
| |
| |
Of the Relation of the Faculties of the Human Mind to the Moral Laws | |
| |
| |
| |
Rudimentary Concepts of the Metaphysics of Morals (Philosophia practica universalis) | |
| |
| |
| |
Of the Subdivision of a Metaphysics of Morals | |
| |
| |
Division of the Metaphysics of Morals in General | |
| |
| |
Introduction to the Elements of Justice | |
| |
| |
| |
What is the theory of justice? | |
| |
| |
| |
What is justice? | |
| |
| |
| |
Universal principle of justice | |
| |
| |
| |
Justice is united with the entitlement to use coercion | |
| |
| |
| |
Justice in the strict sense can also be represented as the possibility of a general reciprocal use of coercion that is consistent with the freedom of everyone in accordance with universal laws | |
| |
| |
Appendix to the Introduction to the Elements of Justice | |
| |
| |
Equivocal Rights (Ius aequivocum) | |
| |
| |
| |
Equity (Aequitas) | |
| |
| |
| |
The Right of Necessity (Ius necessitatis) | |
| |
| |
Division of the Theory of Justice | |
| |
| |
| |
General Division of the Duties of Justice | |
| |
| |
| |
General Division of Rights | |
| |
| |
There Is Only One Innate Right | |
| |
| |
Table of the Division of the Theory of Justice | |
| |
| |
The General Theory of Justice-- First Part: Private Justice [Law] | |
| |
| |
Concerning External Mine and Yours in General | |
| |
| |
| |
Of the Mode of Having Something External Belong to One | |
| |
| |
| |
Outline of the concept of external Mine and Yours | |
| |
| |
| |
Definition of the concept of the external Mine and Yours | |
| |
| |
| |
Deduction of the concept of a purely juridical possession of an external object (Possessio noumenon) | |
| |
| |
The Juridical Postulate of Practical Reason | |
| |
| |
| |
Application of the principle of the possibility of external Mine and Yours to objects of experience | |
| |
| |
| |
Having an external thing as belonging to one is possible only in a juridical condition of society under a public-legislative authority, that is, in a civil society | |
| |
| |
| |
In a state of nature, there can be a real external Mine and Yours, but it is only provisional | |
| |
| |
| |
How an External Thing Can Be Acquired | |
| |
| |
| |
The general principle of external acquisition Division of the Acquisition of External Mine and Yours | |
| |
| |
| |
Concerning Rights in Things [Real Rights or Rights in Rem] | |
| |
| |
| |
What is a real right? | |
| |
| |
| |
The first acquisition of a thing can be none other than the acquisition of land | |
| |
| |
| |
Every piece of land can be acquired originally and the ground of the possibility of this acquisition is the original community of the land in general | |
| |
| |
| |
The juridical act of this kind of acquisition is seizure (Occupatio) | |
| |
| |
| |
[A [section] 17] Deduction of the concept of original acquisition | |
| |
| |
| |
[A [section] 16] [Only in a civil constitution can something be acquired peremptorily, whereas in a state of nature it can still be acquired but only provisionally.] | |
| |
| |
| |
Concerning Rights in Persons [Personal Rights or Rights in Personam] | |
| |
| |
| |
[Personal rights in general] | |
| |
| |
| |
[The formation of contracts] | |
| |
| |
| |
[What I acquire through a contract] | |
| |
| |
| |
[Acquiring possession of a thing through a contract] | |
| |
| |
| |
[A [section] 31] The a priori classification of rights acquired through contract | |
| |
| |
[[section] 31 (cont'd) Money, Book, Rent] | |
| |
| |
| |
What Is Money? | |
| |
| |
| |
What Is a Book? | |
| |
| |
[More On the Confusion of Rights: Purchase Against Rent] | |
| |
| |
| |
Personal Rights of a Real Kind [Domestic Rights] | |
| |
| |
| |
[General] | |
| |
| |
| |
[Division] | |
| |
| |
The Rights of a Domestic Group--First Subdivision | |
| |
| |
| |
[Marital rights] | |
| |
| |
| |
[Sexual intercourse in marriage and Personality] | |
| |
| |
| |
[Equality in marriage] | |
| |
| |
| |
[Marriage and sexual intercourse] | |
| |
| |
The Rights of a Domestic Group--Second Subdivision | |
| |
| |
| |
Parental rights | |
| |
| |
| |
| |
| |
The Rights of a Domestic Group--Third Subdivision | |
| |
| |
| |
The rights of the head of a household | |
| |
| |
Supplementary Section: Concerning the Ideal Acquisition of an External Object of the Will | |
| |
| |
| |
[General] | |
| |
| |
| |
The mode of acquisition through usucapio | |
| |
| |
| |
Inheritance (Acquisitio haereditatis) | |
| |
| |
| |
The legacy of a good name after death (Bona fama defuncti) | |
| |
| |
| |
Of Acquisition That Is Subjectively Determined by the Opinions of a Public Judiciary | |
| |
| |
| |
[General] | |
| |
| |
| |
Of gift contracts | |
| |
| |
| |
Of gratuitous loan contracts | |
| |
| |
| |
Of the recovery (reseizure) of something that has been lost (Vindicatio) | |
| |
| |
| |
Securing certainty through swearing oaths (Cautio iuratoria) | |
| |
| |
Of The Elements of Justice--Second Part: Public Justice and Law | |
| |
| |
Transition From What Is Mine and Yours in the State of Nature to What It Is in a Juridical Condition in General | |
| |
| |
| |
| |
| |
| |
[Postulate of public Law] | |
| |
| |
| |
[A [section] 44] [Rights in a state of nature] | |
| |
| |
| |
[A [section] 43] [Definition of public Law] | |
| |
| |
Public Law--First Section: Municipal Law | |
| |
| |
| |
[The civil state] | |
| |
| |
| |
[A [section] 48] [The mutual relationships of the three authorities] | |
| |
| |
| |
[A [section] 46] [The legislative authority and the citizen] | |
| |
| |
| |
[A [section] 49 first part] [The executive authority] | |
| |
| |
| |
[A [section] 49 second part] [The judiciary and the distinct functions of the three authorities] | |
| |
| |
General Remarks on the Juridical Consequences Arising from the Nature of the Civil Union | |
| |
| |
| |
[Revolution, Resistance, and Reform] | |
| |
| |
| |
[The Sovereign as the Over-Proprietor of the Land: Taxation, Police, Inspection] | |
| |
| |
| |
[Public Welfare: The Poor, Foundling Hospitals, Churches] | |
| |
| |
| |
[Public Offices--the Nobility] | |
| |
| |
| |
The Penal Law and the Law of Pardon | |
| |
| |
| |
[The Right to Punish] | |
| |
| |
| |
[The Right to Pardon] | |
| |
| |
| |
[A [section] 50][The juridical relationships of a citizen to his own and to foreign countries] | |
| |
| |
| |
[A [section] 47] [The three authorities and the original contract] | |
| |
| |
| |
[The three forms of the state: Autocracy, aristocracy, and democracy] | |
| |
| |
| |
[The ideal state] | |
| |
| |
Public Law--Second Section: The Law of Nations | |
| |
| |
| |
[Definition of the Law of nations] | |
| |
| |
| |
[The elements of the Law of nations] | |
| |
| |
| |
[The right of going to war in relation to the state's own subjects] | |
| |
| |
| |
[The right of going to war in relation to other states] | |
| |
| |
| |
[Rights in a war] | |
| |
| |
| |
[Rights after a war] | |
| |
| |
| |
[The rights of peace] | |
| |
| |
| |
[The right of a state against an unjust enemy] | |
| |
| |
| |
[The establishment of enduring peace] | |
| |
| |
Public Law--Third Section: World Law | |
| |
| |
| |
[The world community] | |
| |
| |
Conclusion [Perpetual Peace] | |
| |
| |
| |
Supplementary Explanations of the Metaphysical Elements of Justice | |
| |
| |
[On the Definition of the Faculty of Desire] | |
| |
| |
| |
Logical Propadeutic to a Newly Ventured Concept of Rights | |
| |
| |
| |
Justification of the Concept of a Personal Right of a Real Kind | |
| |
| |
| |
Examples | |
| |
| |
| |
Of the Confounding of Real and Personal Rights | |
| |
| |
| |
Additional Remarks in Elucidation of the Concepts of the Penal Law | |
| |
| |
| |
On the Right of Usucapio | |
| |
| |
| |
On Inheritance | |
| |
| |
| |
Of the Rights of the State Relating to Perpetual Foundations for Its Subjects | |
| |
| |
| |
[Private Institutions for the Poor, Invalid, and Sick] | |
| |
| |
| |
[The Church] | |
| |
| |
| |
[The Nobility] | |
| |
| |
| |
[Majorats] | |
| |
| |
Conclusion [Duty to Obey the Powers That Be] | |
| |
| |
Translator's Addendum of Omitted Texts | |
| |
| |
Glossary | |
| |
| |
Index | |