DownloadThe Portobello Bookshop Gift Guide 2024

The Postulate of Public Right

Patrick Capps author Julian Rivers author

Format:Paperback

Publisher:Cambridge University Press

Publishing:31st Dec '24

£17.00

This title is due to be published on 31st December, and will be despatched as soon as possible.

This paperback is available in another edition too:

The Postulate of Public Right cover

This Element offers a new interpretation of Kant's Doctrine of Right, asserting it as the culmination of his practical philosophy.

This Element discusses Kant's Doctrine of Right and argues that Kant's claim of rightful relations between humans requires a civil legal condition. It argues two legal positivisms mislead modern readers. Instead, it shows Kant's postulate of public rights is the foundation of a non-positivist legal theory, crucial to modern legal philosophy.Kant's main work in the philosophy of law – the Doctrine of Right (1797) – is notoriously difficult for modern readers to understand. Kant clearly argues that rightful relations between human beings can only be achieved if we enter into a civil legal condition taking a defined constitutional form. In this Element, we emphasise that Kant considers this claim to be a postulate of practical reason, thus identifying the pure idea of the state as the culmination of his entire practical philosophy. The Doctrine of Right makes sense as an attempt to clarify the content of the postulate of public right and constructively interpret existing domestic and international legal arrangements in the light of the noumenal republic it postulates. Properly understood, Kant's postulate of public right is the epistemological foundation of a non-positivist legal theory that remains of central significance to modern legal philosophy and legal doctrinal method.

ISBN: 9781009180566

Dimensions: unknown

Weight: unknown

75 pages