Road To Innate Right

Nature state, in Kant’s opinion, is under threat of war, and we cannot develop ourselves by our innate right in the nature state. Human, as a limited creature, have morality and animal attribute. Based on our morality, categorical imperative require us not harm others. In other word, we should respect others’ innate right. For this end, we must walk into right state from nature state though original contract. The possibility of original contract is that because we have the duty to not injury others’ innate right. If I stayed in nature state and rejected original contract, I would be enforced to accept original contract. In fact, this enforcement is consistent with our reason, it just ignores our incline. The nation is the real formal of right state. There are three basic function provide by nation——legislation, free market and judiciary. Though these three basic function, we can realize iustitia tutatrix, iustitia commutativa and iustitia distributiva. They are the formal of innate right. Then the perpetual pace, as the final end of Kant’s right philosophy, is also based on the nation established though original contract. Because only these nations will object war for protect their people’s innate right.Every theory will face to critique, it is also the evident of lively theory. In the last of article, we will discuss three critique to Kant’s original contract. First, the original contract is empty formalism concept. Second, it is useless to development of legal and lawmaking. Third, it is unreasonable if we could not discharge original contract. We will response these critique though analysis Kant’s text. Original contract is a formal concept but not an empty formalism concept. It provides a principle that can make everyone’s freedom be consist with each other. This principle gives us an end that what nation should we establish. In fact, original contract cannot tell us how handle every case, but it provides a criterion of good or bad of law. This criterion is important to improve our law. Finally the criterion is beneficial to solving practical problem. We cannot discharge original contract because the right state is not perfection immediately when we achieve an original contract. The right state needs time to improve itself. Discharging original will let us back to start point. In briefly, the original is not cliche but is our theory source.