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基本説明
Ripstein defends the idea of equal freedom by examining several substantive areas of law and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Full Description
In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. Ripstein shows that Kant's thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein's description of the unity and philosophical plausibility of this dimension of Kant's thought will be a revelation to political and legal scholars.
In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Contents
* Preface * Acknowledgment *1. Kant on Law and Justice *2. The Innate Right of Humanity *3. Private Right I: Acquired Rights *4. Private Right II: Property *5. Private Right III: Contract and Consent *6. Three Defects in the State of Nature *7. Public Right I: Giving Laws to Ourselves *8. Public Right II: Roads to Freedom *9. Public Right III: Redistribution and Equality of Opportunity *10. Public Right IV: Punishment *11. Public Right V: Revolution and the Right of Human Beings as Such * Appendix "A Postulate Incapable of Further Proof"
