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Kant's Theory Of Right

Posted on:2005-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z KongFull Text:PDF
GTID:2155360122999665Subject:Political Theory
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The establishment of Kant'S transcendental idealism means that a man iscontrolled by natural law as far as he pertains to the perceptive world anddominated by reason rule as far as he pertains to a intelligible world. Manlives in not only the logical territory of appearance,but also the noumenonterritory.We are liberal being in the priori sense.The moral aw is latent inour liberal reason.The reason stipulates will through self-legislation,namelyby means of providing law or rule.Man continuously applies the prioriuniversal moral law to practice in life.The moral law is the rule that thepractical reason self-legislate.The practical reason should govern twosections:the right and virtue.The universal law of rights is to be obtained byapplying the moral imperative category to the exterior relationship of man.The priori principle of right exists in the practical reason.The politicsapprehended by Kant is the application of rights.The autonomy man whomakes up the community should be both the legislator and the subjects.Therule that the reason obeys is the base of law.Kant emphasizes that everyonehas the right of demanding others'respect.Man should be looked upon asthe aim,not the means.The autonomy is not only the individual moral law butalso the fundamental rule regulating the relation between the sovereignty andthe subject,citizen and citizen,country and country.Autonomy is the aim andthe final purpose of Kant'S community. Right:entails the authority to use coercion.It uses the coercion in the state of reciprocal coercion consonant with the freedom of everyone inaccordance with universal laws.Civil regime is the relationship among fleemen.The civil state,regarded purely as a state ruled by law,is based on the 34following priori principles:the freedom of every member of society as ahuman being;the equality of each with all the others as a subject;theindependence of each member of a commonwealth as a citizen.The republicalregime is the only constitution which can be derived from the idea of alloriginal contract.upon which all legitimate legislations of a people must befounded.Republicanism confirm the political principle that the executivepower is separated from the legislative power.The form of a state iscomprised in the idea of state.Every state contains three powers:thelegislative power,the executive power and the judicial power.The welfare ofthe state consists in the union of these powers.The highest rule that all lawsof a community should be based on is that everyone'S right not the commonwealth should be protected.The state power that makes the law valid isirresistible.The responsibility of the ruler is governing,and the responsibilityof the subject is obeying.The regid obedience is the cost of in pursing a kindof rule of law.Any alteration to a defective constitution,which may certainlybe necessary at times,can thus be carried out only by the sovereign himsel fthrough reform,but not through revolution by the people.The liberalexpression of one'S political views is the unique angel of people'S rightsIn the view of Kant'S teleology the history of mankind may be regardedas the realization of the nature secret scheme.Kant call the natural state"lawless state",namely the state that distributive justice doesn't exist.Thecorresponding to the state of natural state is cultural state.The topmostmission that the nature entails mankind has to be tO establish a society SO thatthe freedom under the law can unite with the irresistible power with themaximum.It is a completely just civic-constitutional society.Kant'S history isin the process of going forward to an aim.It is the force of vice or resist toeach other that promotes the development of the natural endowment.The 35national right and the international right would develop finally tO the universallaw idea.Th...
Keywords/Search Tags:Kant's
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