Interpretation On Kant's Right Philosophy Of Law And Analysis On It's Predicament In Practice And Theoretical Significance | | Posted on:2008-01-25 | Degree:Master | Type:Thesis | | Country:China | Candidate:X S Li | Full Text:PDF | | GTID:2155360218958188 | Subject:Foreign philosophy | | Abstract/Summary: | PDF Full Text Request | | Kant's law philosophy of rights assembles all merits of classical natural law and initiates the philosophical law. As a precise system, Kant law philosophy bases on Transcendental Reason, and gives metaphysical reasoning arguments for the justice of rights. The keystone of the system is the congenital freedom. He thought people had the freedom to choose. According to the absolute principle of rights, everyone's freedom can exist harmoniously, and he won't be enslaved or enslave others. Everybody is not only purpose but also means. With the freedom, other rights are obtained and the property of the obtaining ranks first. The private right does not need to be ruled by the law, but it is also easy to lose especially without the protection of the law. Therefore, in order to protect the private power, the humanity enters the civilized community which is under the national condition with the law protection by way of the original contract. Under the national condition, the law which needs to be announced the outside, is the civil rights. According to a logic frequency from small to big, the civil rights contains national civil rights including the legislation, administration and judicial right of the country and has the function department's right which maintains the country's running. People have the right of equality, independence and freedom. There should be international law of right to avoid the war among countries which disobeys human practical sense. The human being will move towards the universal union finally and realize the lasting peace, which are the request of reason and the arrangement of nature. This is Kant's philosophical system of the right law.This article intends to go deep into the text Metaphysics Principle of Law of Kant on right law philosophy, and make every effort to go over the content of the above rights and make general assessment for it basing on Marxism law philosophy. This article is divided into five parts: the first part mainly discusses the development course of the right law philosophy before Kant and induces the root of the law philosophy, and explains that Kant right law philosophy criticizes and exceeds the natural law; the second part generally describes the object of scientific research and rights'classification; the third part induces the obtain manners and classification of the private right; the part four generalizes the classification of public law in details and thoroughly discusses Kant's thought - lasting peace; the part five generally describes the practice difficulties of Kant right law philosophy and its modern meaning by using Marxism law philosophy. | | Keywords/Search Tags: | Kant, Congenital freedom, Private power, Original contract, Public rights, Everlasting peace, Marxism law philosophy | PDF Full Text Request | Related items |
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