走出自然状态：康德与公共法权的证成

卞绍斌

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June 2019

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Citation: Shaobin BIAN. Leave the State of Nature: Kant and Justification on the Idea of Public Right[J]. Academic Monthly, 2019, 51(6): 13-31. shu

Leave the State of Nature: Kant and Justification on the Idea of Public Right

Shaobin BIAN

Abstract

Focusing on the inevitable insecurity and temporary nature of rights in the state of nature, Kant proves the reality and necessity of entering the state of public right with the concept of the original contract. Establishing universal rules and justifiable rational courts through the power of the common will, and then legally compelling the parties to assume moral obligations based on public recognition is the fundamental condition for guaranteeing and assuring each individual’s property and achieving equal and free value. The united will, mutual responsibility and equal freedom have become the normative premise for establishing the status of public right, and it is also a vivid manifestation of the public value orientation of Kant’s conception of autonomy. In this sense, there are many differences between the Kantian and the traditional natural law theory or social contract theory approach on justification of public right.
- Kant,
- public right,
- will,
- obligation,
- equal freedom,
- autonomy
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1. [1]
  WANG Qian . AI-Generated Content and Copyright Liability: Paradoxes and Resolutions. Academic Monthly, 2026, 58(8): 118-132.
2. [2]
  HE Lei . What Is Kant's “Problem of the Thing-in-Itself”——With a Concurrent Critique of Mou Zongsan's Assertion and Li Minghui's Defense. Academic Monthly, 2026, 58(3): 31-40.
3. [3]
  LI Ming , XU Haiqi , XU Changtuo . A Statistical Framework and Measurement Results for Public Finance Investing in People. Academic Monthly, 2026, 58(8): 91-105.
4. [4]
  ZHOU Mujun . Between Theory and Empirical Facts: Habermas and the Sociological Debate on the Public Sphere. Academic Monthly, 2026, 58(8): 157-170.

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通讯作者: 陈斌, bchen63@163.com

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沈阳化工大学材料科学与工程学院沈阳 110142

Leave the State of Nature: Kant and Justification on the Idea of Public Right

Shaobin BIAN

Available Online: 2019-06-01

Abstract: Focusing on the inevitable insecurity and temporary nature of rights in the state of nature, Kant proves the reality and necessity of entering the state of public right with the concept of the original contract. Establishing universal rules and justifiable rational courts through the power of the common will, and then legally compelling the parties to assume moral obligations based on public recognition is the fundamental condition for guaranteeing and assuring each individual’s property and achieving equal and free value. The united will, mutual responsibility and equal freedom have become the normative premise for establishing the status of public right, and it is also a vivid manifestation of the public value orientation of Kant’s conception of autonomy. In this sense, there are many differences between the Kantian and the traditional natural law theory or social contract theory approach on justification of public right.

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通讯作者: 陈斌, bchen63@163.com

Leave the State of Nature: Kant and Justification on the Idea of Public Right

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