The communication of persons: Kant’s theory of marriage law held captive by pagan anthropology
The paper analyzes Kant’s philosophy of matrimonial law. It focuses on the idea of this law as “possession of a person as a thing and its use as a person”: Kant conceives marriage as an interpersonal relation in an external form of real possession, in the aspect of the objective and subjective goal of such relation, but primarily in the aspect ...
Arguments against Redistributive Justice based on Kant’s Doctrine of Private Right
... its case in Kant’s doctrine of public right, as a right of a State.
1. Berlin, I. 2002, Two Concepts of Liberty, in: Berlin, I. Liberty: Incorporating Four Essays on Liberty, ed. by H. Hardy, Oxford, pp. 166—217.
2. Byrd, B. S. 2010, Intelligible Possession of Objects of Choice, in: Kant’s Metaphysics of Morals: A Critical Guide, ed. by L. Denis, Cambridge, pp. 93—110.
3. Höffe, O. 2010, Kant’s Innate Right as a Rational Criterion for Human Rights, in: Kant’s Metaphysics of Morals: A ...
The ethical and philosophical antinomy of foundations of Kant’s theory of family law
The present paper focuses on the ethical and anthropological foundations of Kant’s philosophy of family law conceived as a “personal right that is real in kind”: the possibility of possessing a person as a property item presets the antinomy of moral and legal principles, which reproduces the conflict between Roman naturalistic legal theory and the contractual philosophy of natural law. The author also considers the ways to overcome ...
Possession and possessory protection: the problems of legal regulation and practical implementation in the context of civil law reforms
This article focuses on the issues of introduction of possession and possessory protection into the Russian Civil Code. It is emphasized that the authors of the draft bill did not manage either to develop a consistent approach to possession as a fact or justify theoretically the need for such innovation ...
