The Normative Value Of Kant’s Doctrine Of Right:a Coherent Interpretation

The key to explore the normative value of Kant’s Doctrine of Right is to clear the path of justification of Kant’s Doctrine of Right,and to clarify the relationship between the Doctrine of Right and Moral Philosophy previously established by Kant.There is a certain ambiguity in Kant’s argument about the relationship between the Principle of Right and Moral.Many scholars,at home or abroad,have already discussed this problem,and their opinions can be divided into two basic stand-positions:the theory of separation and the theory of derivation.According to the derivationists,the Doctrine of Kant’s right is based on his Moral Doctrine,and the Principle of Right derives from the Moral Principle(expressed as Categorical Imperative).They share the common normative precondition.The strong standpoint think that the Categorical Imperative implies the Principle of Right,and the Principle of Right presupposes the Moral Principle.The weak standpoint argue that it is not possible that the Principle of Right directly derives from the Moral Principle,but It derives from the fundamental value of Moral Principle.According to the separationists,as an independent system,the Principle of Right can be established by practical reason,but it does not come from Moral Principle.The strong standpoint think that the Principle of Right is not only independent of Moral Principle,but also doesn’t presuppose Moral Principle.The weak position argue that the Principle of Right presupposes Moral Principle,but Moral Principle does not deduce the Principle of Right.On the basis of achievements of relevant studies,this paper tries to interpret the context of argument of Kant’s theory of right,express and confirm that the "freedom",as basic value,is the normative source of Kant’s Doctrine of Right,which also shows that Kant’s Doctrine of Right is a system of coherent.Under the guidance of this clue,the introduction sorts out some arguments about Kant’s Doctrine of Right,and puts forward the logical order of Kant’s context:"freedom-law-obligation".In the first chapter,the concept of "freedom" as the breakthrough point shows that the true freedom can only be based on moral law established by the pure practical reason.However,the system of freedom contains the doctrine of virtue and the doctrine of right.In the second chapter,I try to argue that the universal principle of right represents the fundamental value of "freedom",and it stems from "the formula of humanity" of categorical imperative.Also,the categorical imperative can provide the justification for the legality of coercion.In the third chapter,I will divide the obligation of right into the internal right,private right and public right."The postulate of right of practical reason" fits the basic idea of "The Formula of Humanity",and it is in accordance with the fundamental values of "freedom".In the fourth chapter,I believe that the foundation of Kant’s Doctrine of Right is the moral rationality.The objections of the theory of separation not only ignore the freedom in Kant’s theory of right,but also detract from the basic intention of Kant’s practical philosophy.This paper finally concludes that the normative value of the coherent system of the doctrine of right is from the basic idea of "freedom".The Universal Principle of Right is derived from "The Formula of Humanity as End in Itself",and the duties of right confirm the idea of "The Formula of Humanity as End in Itself’.There are some differences between Kant’s duties of right and duties of virtue in the aspects of argument basis,motive elements and compulsory ways,they are also based on the idea of freedom,and represent the humanity as end in itself.The methods of both are through pure practical reason,and then establish the universal law.The goal of these is to "obtain freedom and restrict freedom" by universal law,and then make ensure the equal value of freedom for everyone.