"Immanuel Kant's legal philosophy and theory have played an enormous role in the development of law since the eighteenth century. Although this influence can be seen primarily in German law and in the law of nation's which have traditionally been oriented toward German legal development, today Kant's philosophy has experienced a Renaissance in the Anglo-American legal world. This anthology collects what the editors believe to be the very best of articles on Kant's legal theory, with an emphasis on his Metaphysics of Morals of 1797. In particular the articles relate to: (1) the nature of law and justice, (2) private law, (3) public law, (4) criminal law, (5) international law, and (6) cosmopolitan law."--Provided by publisher.
First published 2006 by Ashgate Publishing.
Bibliography, etc. Note
Includes bibliographical references and indexes.
Formatted Contents Note
part Part I: The Nature of Law and Justice chapter 1 LAW AS A KANTIAN IDEA OF REASON chapter 2 Kant's Theory of Justice chapter 3 Kant and Human Dignity part Part II: Private Law chapter 4 FREEDOM AND CONSTRAINT IN: KANT'S METAPHYSICAL ELEMENTS OF JUSTICE chapter 5 KANT'S THEORY OF PROPERTY chapter 6 Kant's Theory of Contract part Part III: Public Law chapter 7 From Anarchy to Republic: Kant's History of State Constitutions chapter 8 Kant's Transcendental Deduction of Political Authority chapter 9 KANT ON THE STATE, LAW, AND OBEDIENCE TO AUTHORITY IN THE ALLEGED 'ANTI-REVOLUTIONARY' WRITINGS chapter 10 Kant on Welfare part Part IV: Criminal Law chapter 11 KANT'S THEORY OF PUNISHMENT: DETERRENCE IN ITS THREAT, RETRIBUTION IN ITS EXECUTION chapter 12 On the History of Justification and Excuse in Cases of Necessity chapter 13 Wrongdoing, Desert, and Punishment part Part V: International Law chapter 14 Kant's Idea of a World Republic* chapter 15 The State as a 'Moral Person'* chapter 16 Kant's just War Theory chapter 17 Kant, Intervention and the 'Failed State' part Part VI: Cosmopolitan Law chapter 18 Justice and Foreigners: Kant's Cosmopolitan Right chapter 19 Kant's Cosmopolitan Patriotism.