An Analysis Of Kant's Philosophy Of Rights

Kant, who had a high reputation for his attainment in philosophy which we needn't specify, is a man of high rank in the western philosophical world. But how did people measure him about his philosophy of rights in the same world? Is it original which would not be an adaptation from the perspective of some certain scholar like Neo-Kantian school ? Or is there a correspondence in theory of his philosophy of rights and critical philosophy in which the former is part of the critical rational philosophy and not a dogmatically uncritical theory ?Being focus on the above issues, this article starts with defining the duplicity of human beings as well as the conscious dynamic practice of combining their theoretical and practical rationality while practical rationality has a priority on the theoretical rationality by way of distinguishing the themes of Kant's critical philosophy. On the basis of this explaination, it reaches the conclusion that Kant's critical philosophy has provided his philosophy of rights a basic concept of several basic terms, namely, the free individuality of human beings ,practical rationality, and the priority on the theoretical rationality. Only if the definitions of these concepts are specified can Kant's philosophy of rights become available to research. Therefore, Kant's philosophy of rights is rather can be said to have been isoleted from his critical philosophy but closely related to it which thelatter has found the basis of the former.Secondly, it analyzes the reflections of Kant's critical philosophy in his philosophy of rights. Kant's definition of some connotations of rights, for instance, the relations between philosophy of rights and moral philosophy, the distinctions between moral philosophy and legal philosophy, the definition of law, and the classification of legal rights and obligations should be comprehended under a critical philosophical context.And also it should include his philosophical thoughts of department law of which Kant's deduction of real rights and demonstration of the validity of forcr of state.And finally, by the comparison of Kant's philosophy of rights with modern classical law-of-nature school represented by Hobbes , it comes to the conclusion that Kant's philosophy of rights is the law of reason which surpasses the modern classic natural law by the promotion and replacements of"the law of natural desire"by"the law of free will","the law of absolute will"by"the law of practical rationality","the rootless'law"by"the law of the purposiveness"of which the latters belong to the therory of classic natural law .From this perspective, we believe that Kant's philosophy of rights has been returned to the tradition of natural law to a certain extent.