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 nations 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.
Table of Contents
Contents: Series preface; Introduction; Part I The Nature of Law and Justice: Law as a Kantian idea of reason, Ernest J. Weinrib; Kant's theory of justice, Thomas W. Pogge (1988); Kant and human dignity, Joachim Hruschka. Part II Private Law: Freedom and constraint in Kant's metaphysical elements of justice, Katrin Flikschuh; Kant's theory of property, Mary McGregor; Kant's theory of contract, Sharon Byrd Part III Public Law: From anarchy to republic: Kant's history of state constitutions, Jan Joerden; Kant's transcendental deduction of political authority, Kevin Thompson; Kant on the state, law, and obedience to authority in the alleged 'anti-revolutionary' writings, Kenneth R. Westphal; Kant on welfare, Mark LeBar. Part IV Criminal Law Kant's theory of punishment: deterrence in its threat, retribution in its execution, B. Sharon Byrd; On the history of justification and excuse in cases of necessity, Joachim Hruschka; Wrongdoing, desert, and punishment, Thomas E. Hill Jr . Part V International Law: Kant's idea of a world republic, Guiliano Marini; The state as a 'moral person', B. Sharon Byrd; Kant's just war theory, Brian Orend; Kant, intervention and the 'failed state', Georg Cavallar and August Reinisch. Part VI Cosmopolitan Law: Justice and foreigners: Kant's cosmopolitan right, Sankar Muthu; Kant's cosmopolitan patriotism, Pauline Kleingeld; Bibliographies; Indexes.
B. Sharon Byrd is Professor at the Law and Language Center, University of Jena, Germany. Joachim Hruschka is Professor at the University of Erlangen, Germany.