| The dissertation examines of Fichte's theory of rights as it is presented in his Foundations of Natural Right of 1796/7. The general claim of the dissertation is that Fichte's theory is designed to answer three questions about rights: (i) Why must there be rights? (ii) How are they possible? and (iii) What rights do persons have? To answer the first, Fichte explains what it means for a person to exercise free will. He establishes that true freedom can be exercised only in a society that is structured around the rights of persons. Fichte answers the second question in terms of his doctrine of "recognition." Accordingly, a person's interest in a liberty can become a "right" only if it is recognized by others. As a response to the third question, Fichte discusses the circumstances of actual societies and inquires into the feasibility of a regime of mutual rights. He then proposes a list of rights that would enable persons to coexist in harmony.; The dissertation differs from the existing literature in several ways. First, it does not treat his theory as if it were merely part of a philosophical movement, such as Romanticism or Idealism. Rather, it focuses on the distinctive aspects of this theory and identifies its place in the history of ideas in general. Also, it casts doubt on the tendency to think of Fichte's political theory as a mere blend of ideas that were introduced by social contract theorists from Hobbes to Kant. This claim is contested on two grounds. First, Fichte did not believe that the disappearance of conflict is necessary for harmony in society; he subscribed to the idea of civil society as a device for managing conflict: persons can coexist when they find a "balance" between their competing right-claims. Second, Fichte did not suppose that political society consists only of individuals who are equally strong and competent. For example, he regarded children as members of society even though they cannot stand up for themselves or their rights. |
