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The Philosophy of Law
The Philosophy of Law

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  • 出 版 社:The
  • 出版年份:2002
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  • 页数:265 页
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《The Philosophy of Law》目录
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KANT'S METAPHYSICAL,PRINCIPLES OF THE SCIENCE OF RIGHT 3

PREFATORY EXPLANATIONS 3

PROLEGOMENA 9

Ⅰ.Relations of the Faculties of the Human Mind to the Moral Laws, 9

Ⅱ.The Idea and Necessity of a Metaphysic of Morals, 15

Ⅲ.The Division of a Metaphysic of Morals, 20

GENERAL DIVISIONS OF THE METAPHYSIC OF MORALS. 24

Ⅰ.Division of the Metaphysic of Morals as a System of Duties generally, 24

Ⅱ.Division of the Metaphysic of Morals according to Relations of Obligation, 26

Ⅲ.Division of the Metaphysic of Morals according to its Principles and Method, 27

Ⅳ.General Preliminary Conceptions defined and explained, 28

INTRODUCTION TO THE SCIENCE OF EIGHT. 43

GENERAL DEFINITIONS AND DIVISIONS. 43

A.What the Science of Right is, 43

B.What is Right? 44

C.Universal Principle of Right, 45

D.Right is conjoined with the Title to compel, 47

E.Strict Right; Compulsion, Freedom, Universal Laws, 47

F.Supplementary Remarks on Equivocal Right, 50

Ⅰ.Equity, 50

Ⅱ.The Right of Necessity, 52

DIVISION OF THE SCIENCE OF RIGHT. 54

A.General Division of the Duties of Right, 54

B.Universal Division of Rights, 55

Ⅰ.Natural Right and Positive Right, 55

Ⅱ.Innate Right and Acquired Right, 55

There is only one Innate Right, the Birthright of Freedom, 56

C.Methodical Division of the Science of Right, 58

THE SCIENCE OF EIGHT PART FIRST: PRIVATE RIGHT. 61

PRIVATE RIGHT 61

CHAPTER FIRST 61

OF THE MODE OF HAVING ANYTHING EXTERNAL AS ONE'S OWN 61

1.The Meaning of 'Mine' in Right, 61

2.Juridical Postulate of the Practical Reason, 62

3.Possession and Ownership, 64

4.Exposition of the Conception of the External Mine and Thine, 64

5.Definition of the Conception of the.External Mine and Thine, 66

6.Deduction of the Conception of Juridical Possession of an External Object, 67

7.Application of the Principle of the possibility of an External Mine and Thine to Objects of Experience, 72

8.To have anything External as one's own is only possible in a Juridical or Civil State of Society, 76

9.An External Mine and Thine in the State of Nature only provisory, 78

CHAPTER SECOND. 81

THE MODE OF ACQUIRING ANYTHING EXTERNAL. 81

10.The General Principle of External Acquisition, 81

FIRST SECTION: PRINCIPLES OF REAL RIGHT. 85

11.What is a Real Right? 85

12.The First Acquisition of a Thing can only be that of the Soil, 87

13.Every part of the Soil may be originarily acquired, 88

14.The Juridical Act of this original Acquisition is Occupancy, 89

15.Peremptory and Provisory Acquisition, 90

16.Conception of a Primary Acquisition of the Soil, 94

17.Deduction of the Conception of original primary Acquisition 95

Property, 988

SECOND SECTION: PRINCIPLES OF PERSONAL RIGHT. 100

18.Nature and Acquisition of Personal Right 100

19.Acquisition by Contract, 101

20.What is acquired by Contract? 104

21.Acceptance and Delivery, 105

THIRD SECTION: PRINCIPLES OF PERSONAL RIGHT THAT IS REAL IN KIND. 108

22.Nature of Personal Right of a Real Kind, 108

23.What is acquired in the Household, 109

RIGHTS OF THE FAMILY AS A DOMESTIC SOCIETY. 109

TITLE FIRST: CONJUGAL RIGHT (Husband and Wife). 109

24.The Natural Basis of Marriage, 109

25.The Rational Right of Marriage, 110

26.Monogamy and Equality in Marriage 111

27.Fulfilment of the Contract of Marriage, 113

TITLE SECOND: PARENTAL RIGHT (Parent and Child). 114

28.The Relation of Parent and Child, 114

29.The Rights of the Parent, 116

TITLE THIRD: HOUHOLD RIGHTSE (Master and Servant). 118

30.Relation and Right of the Master of a Household 118

SYSTEMATIC DIVISION OF ALL THE RIGHTS CAPABLE OF BEING ACQUIRED BY CONTRACT. 121

31.Division of Contracts, 121

Illustrations:Ⅰ.What is Money? 125

Ⅱ.What is a Book? 129

The Unauthorized Publishing of Books 130

Confusion of Personal Right and Real Right, 131

EPISODICAL SECTION: THE IDEAL ACQUISITION OF EXTERNAL OBJECTS OF THE WILL. 132

32.The Nature and Modes of Ideal Acquisition, 132

33.Ⅰ.Acquisition by Usucapion, 133

34.Ⅱ.Acquisition by Inheritance, 136

35.Ⅲ.The Right of a good Name after Death, 138

CHAPTER THIRD. 141

ACQUISITION CONDITIONED BY THE SENTENCE OF A PUBLIC JUDICATORY 141

36.How and what Acquisition is subjectively conditioned by the Principle of a Public Court, 141

37.Ⅰ.The Contract of Donation, 143

38.Ⅱ.The Contract of Loan, 144

39.Ⅲ.The Revindication of what has been Lost, 147

40.IV.Acquisition of Security by taking of an Oath, 151

TRANSITION 155

FROM THE MINE AND THINE IN THE STATE OF NATURE TO THE MINE AND THINE IN THE JURIDICAL STATE GENERALLY. 155

41.Public Justice as related to the Natural and the Civil State, 155

42.The Postulate of Public Right, 157

PART SECOND: PUBLIC RIGHT. 161

THE SYSTEM OF THOSE LAWS WHICH REQUIRE PUBLIC PROMULGATION. 161

THE PRINCIPLES OF RIGHT IN CIVIL SOCIETY. 161

43.Definition and Division of Public Right, 161

PUBLIC RIGHT. 163

Ⅰ.RIGHT OF THE STATE AND CONSTITUTIONAL LAW. 163

44.Origin of the Civil Union and Public Right, 163

45.The Form of the State and its Three Powers, 165

46.The Legislative Power and the Members of the State, 166

47.Dignities in the State and the Original Contract, 169

48.Mutual Relations and Characteristics of the Three Powers, 170

49.Distinct Functions of the Three Powers.Autonomy of the State, 171

CONSTITUTIONAL AND JURIDICAL CONSEQUENCES ARISING FROM THE NATURE OF THE CIVIL UNION. 174

A.Right of the Supreme Power.Treason; Dethronement; Revolution; Reform, 174

B.Land Rights.Secular and Church Lands.Rights of Taxation; Finance; Police; Inspection, 182

C.Relief of the Poor.Foundling Hospitals.The Church, 186

D.The Right of assigning Offices and Dignities in the State, 190

E.The Right of Punishing and of Pardoning, 194

50.Constitutional Relations of the Citizen to his Country and to other Countries.Emigration; Immigration; Banishment; Exile, 205

51.The Three Forms of the State.Autocracy; Aristocracy; Democracy, 206

52.Historical Origin and Changes.A Pure Republic.Representative Government, 208

Ⅱ.THE RIGHT OF NATIONS AND INTERNATIONAL LAW. 213

53.Nature and Division of the Right of Nations, 213

54.The Elements of the Right of Nations, 214

55.Right of going to War as related to the Subjects of the State, 215

56.Right of going to War in relation to Hostile States, 218

57.Right during "War, 219

58.Right after War, 221

59.The Rights of Peace, 222

60.Right as against an unjust Enemy, 223

61.Perpetual Peace and a Permanent Congress of Nations, 224

Ⅲ.THE UNIVERSAL RIGHT OF MANKIND. 226

62.Nature and Conditions of Cosmopolitical Right, 226

Conclusion, 229

SUPPLEMENTARY EXPLANATIONS OF PRINCIPLES OF RIGHT. 234

OCCASION AND OBJECT OF THESE SUPPLEMENTARY EXPLANATIONS. 234

Objection as to the Faculty of Desire, 234

Ⅰ.Logical Preparation for the preceding Conception of Right, 235

Ⅱ.Justification of the Conception of a Personal Right of a Real Kind, 237

Ⅲ.Examples of Real-Personal Right, 238

Ⅳ.Confusion of Real and Personal Right, 241

Ⅴ.Addition to the Explanation of the Conception of Penal Right, 243

Ⅵ.On the Right of Usucapion, 245

Ⅶ.On Inheritance and Succession 247

Ⅷ.The Right of the State in relation to Perpetual Foundations for the benefit of the Subjects, 249

A.Hospitals, 250

B.Churches, 251

C The Orders in the State, 253

D.Primogeniture and Entail, 254

Ⅸ.Concluding Remarks on Public Right and Absolute Submission to the Sovereign Authority, 255

APOLOGIA. 259

Kant's Vindication of his Philosophical Style, 259

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