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7 - Original Community, Possession, and Acquisition in Kant's Metaphysics of Morals

Published online by Cambridge University Press:  05 April 2013

Jeffrey Edwards
Affiliation:
professor in the Department of Philosophy, State University
Charlton Payne
Affiliation:
Universität Erfurt, Germany
Lucas Thorpe
Affiliation:
Bogaziçi University, Turkey
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Summary

Kant's theory of private law (or private right: Privatrecht) is presented in part 1 of The Metaphysics of Morals, the Metaphysical Foundations of the Doctrine of Right. The theory treats the conditions under which external objects of the power of choice (Willkür) can be rightfully “mine and yours.” The Metaphysical Foundations of the Doctrine of Right is divided into three main parts, all of which concern the principles that ought to govern the power of choice in relation to anything that can be acquired as externally mine or yours. The first part, the doctrine of possession (§§ 1–9), determines the general conditions under which one can have something external as “one's own [das Seine].” The second part, the doctrine of acquisition (§§ 10–35), establishes the way in which something external may be rightfully acquired. The third part, “Of Subjectively Conditioned Acquisition Through Decision by a Public Court of Justice” (§§ 36–42), gives an a priori account of basic contractual relations and other normative factors in keeping with which the public administration of justice should take place. In this chapter, I discuss the doctrine of possession in connection with the portion of the doctrine of acquisition in which Kant establishes the principles in accordance with which corporeal objects can become property (Eigentum or dominium).

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Publisher: Boydell & Brewer
Print publication year: 2011

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