Metaphysical Elements of Justice The Complete Text of the Metaphysics of Morals

ISBN-10: 0872204189

ISBN-13: 9780872204188

Edition: 2nd 1999 (Revised)

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Description: This volume offers the complete text of Kant's Metaphysics of Morals, Part One, translated by John Ladd, along with Ladd's illuminating Introduction to the first edition, updated to include discussion of such issues as Kant's conception of marriage and its relevance to his view of women.

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Book details

List price: $10.00
Edition: 2nd
Copyright year: 1999
Publisher: Hackett Publishing Company, Incorporated
Publication date: 3/1/1999
Binding: Paperback
Pages: 256
Size: 5.75" wide x 8.50" long x 0.75" tall
Weight: 0.858
Language: English

The greatest of all modern philosophers was born in the Baltic seaport of Konigsberg, East Prussia, the son of a saddler and never left the vicinity of his remote birthplace. Through his family pastor, Immanuel Kant received the opportunity to study at the newly founded Collegium Fredericianum, proceeding to the University of Konigsberg, where he was introduced to Wolffian philosophy and modern natural science by the philosopher Martin Knutzen. From 1746 to 1755, he served as tutor in various households near Konigsberg. Between 1755 and 1770, Kant published treatises on a number of scientific and philosophical subjects, including one in which he originated the nebular hypothesis of the origin of the solar system. Some of Kant's writings in the early 1760s attracted the favorable notice of respected philosophers such as J. H. Lambert and Moses Mendelssohn, but a professorship eluded Kant until he was over 45. In 1781 Kant finally published his great work, the Critique of Pure Reason. The early reviews were hostile and uncomprehending, and Kant's attempt to make his theories more accessible in his Prolegomena to Any Future Metaphysics (1783) was largely unsuccessful. Then, partly through the influence of former student J. G. Herder, whose writings on anthropology and history challenged his Enlightenment convictions, Kant turned his attention to issues in the philosophy of morality and history, writing several short essays on the philosophy of history and sketching his ethical theory in the Foundations of the Metaphysics of Morals (1785). Kant's new philosophical approach began to receive attention in 1786 through a series of articles in a widely circulated Gottingen journal by the Jena philosopher K. L. Reinhold. The following year Kant published a new, extensively revised edition of the Critique, following it up with the Critique of Practical Reason (1788), treating the foundations of moral philosophy, and the Critique of Judgment (1790), an examination of aesthetics rounding out his system through a strikingly original treatment of two topics that were widely perceived as high on the philosophical agenda at the time - the philosophical meaning of the taste for beauty and the use of teleology in natural science. From the early 1790s onward, Kant was regarded by the coming generation of philosophers as having overthrown all previous systems and as having opened up a whole new philosophical vista. During the last decade of his philosophical activity, Kant devoted most of his attention to applications of moral philosophy. His two chief works in the 1790s were Religion Within the Bounds of Plain Reason (1793--94) and Metaphysics of Morals (1798), the first part of which contained Kant's theory of right, law, and the political state. At the age of 74, most philosophers who are still active are engaged in consolidating and defending views they have already worked out. Kant, however, had perceived an important gap in his system and had begun rethinking its foundations. These attempts went on for four more years until the ravages of old age finally destroyed Kant's capacity for further intellectual work. The result was a lengthy but disorganized manuscript that was first published in 1920 under the title Opus Postumum. It displays the impact of some of the more radical young thinkers Kant's philosophy itself had inspired. Kant's philosophy focuses attention on the active role of human reason in the process of knowing the world and on its autonomy in giving moral law. Kant saw the development of reason as a collective possession of the human species, a product of nature working through human history. For him the process of free communication between independent minds is the very life of reason, the vocation of which is to remake politics, religion, science, art, and morality as the completion of a destiny whose shape it is our collective task to frame for ourselves.

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
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