Chapter

Poverty and Property in Kant's System of Rights

Ernest J. Weinrib

in Corrective Justice

Published in print September 2012 | ISBN: 9780199660643
Published online January 2013 | e-ISBN: 9780191748288 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199660643.003.0009

Series: Oxford Legal Philosophy

Poverty and Property in Kant's System of Rights

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Kant's legal philosophy combines a corrective justice conception of property with an obscure announcement that the state is obligated to support the poor. This chapter elucidates this obligation by reconstructing the conceptual sequence (from innate right to acquired rights to the civil condition) that grounds it. In doing so, it presents Kant's non-distributive conception of property rights and shows how on a Kantian view both corrective and distributive justice coherently figure within a legal regime that aims to actualize freedom. The chapter concludes with a comparison of Kant's views on the alleviation of poverty with the ones he found in the writings of Grotius and Pufendorf.

Keywords: Kant; property; distributive justice; innate right; acquired rights; civil condition; Grotius; Pufendorf

Chapter.  14468 words. 

Subjects: Jurisprudence and Philosophy of Law

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