THE PRINCIPLES OF RIGHT IN CIVIL SOCIETY. Latine vertit Fredericus Gottlob Born. English translation by Chitty, 1834. Here, too, the cardinal aim of his Method was to wed speculative thought and empirical fact, to harmonize the abstract universality of Reason with the concrete particularities of Right, and to reconcile the free individuality of the citizen with the regulated organism of the State. The standpoint of the Historical School has been thoroughly reviewed by Stahl, i. This is why some of our deepest feelings are reflected in our reverence for the moral law, and why, when we act as … PROLEGOMENA. PRIVATE RIGHT. 53). Reid, leading the realistic reaction, examined this side of Hume’s speculation with his characteristic earnestness, and advanced by his practical principle of Common Sense to positions akin to those of Kant’s Practical Reason (Active Powers, 1788, Essay V. c. iii. THE PRINCIPLES OF THE EXTERNAL MINE AND THINE GENERALLY. On Hobbes generally, see Professor Croom Robertson’s Monograph in ‘Blackwood’s Philosophical Classics.’. Gerhard, Delineatio juris naturalis, 1712. (Translated by Kroeger, Philadelphia, 1870.). : The Right of Nations and International Law. [6 ]The Preface and the Introductions (infra, pp. viii. 51-61; and Röder, i. Early History of Institutions, 1874.). xiii. Frederich Carl von Savigny, Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft, 1814; System des heutigen Römischen Rechts, 1840. This has given rise to some confusion regarding the date of the first Edition, which is now usually quoted as 1796-7. As Kant saved the distracted and confused thought of his time from utter scepticism and despair, and set it again with renewed youth and enthusiasm on its way, so his spirit seems to be rising again upon us in this our hour of need, with fresh healing in his wings. Fichte, with characteristic ardour and with eagle vision, threw his whole energy of soul into the rational problem of Right, and if not without a glance of scorn at the sober limitations of the ‘old Lectures’ of the aged professor, he yet acknowledges in his own more aerial flight the initial safety of this more practical guidance.1 In those early days of eager search and high aspiration, Hegel, stirred to the depths by Kant, and Fichte, and Schelling, wrote his profound and powerful essay on the Philosophy of Right, laden with an Atlantean burden of thought and strained to intolerable rigidity and severity of form, but his own highest achievement only aimed at a completer integration of the Principles differentiated by Kant.1 It was impossible that the rational evangel of universal freedom and the seer-like vision of a world, hitherto groaning and travailing in pain but now struggling into the perfection of Eternal Peace and Good-will, should find a sympathetic response in Schopenhauer, notwithstanding all his admiration of Kant; but the racy cynicism of the great Pessimist rather subsides before him into mild lamentation than seeks the usual refuge from its own vacancy and despair in the wilful caustic of scorching invective and reproach.2 Schleiermacher, the greatest theologian and moralist of the Century, early discerned the limitations of the à priori formalism, and supplemented it by the comprehensive conceptions of the primal dominion and the new order of creation, but he owed his critical and dialectical ethicality mainly to Kant.3 Krause, the leader of the latest and largest thought in this sphere—at once intuitive, radical, and productive in his faculty, analytic, synthetic, and organic in his method, and real, ideal, and historic in his product—caught again the archetypal perfectibility of the human reflection of the Divine, and the living conditions of the true progress of humanity. D.. Thus produced, Kant’s Science of Right constituted an epoch in jural speculation, and it has commanded the homage of the greatest thinkers since. With keen vision he saw a new world suddenly born before him, as the blood-stained product of a motion long toiling in the gloom, and all old things thus passing away; and he knew that it was only the pure and the practical Reason, in that inmost union which constitutes the birthright of Freedom, that could regulate and harmonize the future order of this strongest offspring of time. This 1887 translation contains Kant’s General Introduction to the Metaphysic of Morals and both parts of The Science of Right. An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right. PRIVATE RIGHT. Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. ], [1 ]Grotius, De Jure Belli ac Pacis, lib. The contemporary Historical School does not yet occupy so philosophical a position. xxxvi. [3 ]Elementa Metaphysica Juris Doctrinæ. Gershom Carmichael edited Pufendorf with praiseworthy notes. See the conclusion of this essay for bibliographic details.) Jouffroy (Cours de droit naturel, 1835), Ahrens (i. THE SCIENCE OF RIGHT. d’Entrèves (an important historian of political thought), “Kant was indeed the most forceful exponent of natural law theory in modern days,” and as such he was also “the most coherent and persuasive critic” of legal positivism, according to which the moral authority of law derives entirely from the will of the sovereign. xiv. Of Systems of Natural Jurisprudence, and the following chapters on Hume’s Utilitarianism). The Concept of Law is central in Kant‘s Philosophy. [1 ]Hegel’s Werke, Bd. THE SCIENCE OF RIGHT. 48, but less fully in the later editions), I. H. Fichte (Die philosophischen Lehren von Recht, Staat und Sitte, 1850), De Wal (Prysverhandeling van het Natuurregt, 1833), and particularly by the Italian Jurists (Röder, i. His exposition thus became simplified, systematized, and clarified throughout to utmost intelligibility. Krause is now universally recognised as the definite founder of the organic and positive school of Natural Right. Compare also Hyndman’s The Historical Basis of Socialism in England, and To-day and Justice, the organs of the Social Democracy. Werke, Bd. But under all of this, free will is of key importance. Institutiones Juris Naturæ et Gentium, Halæ, 1754. von A. Schweizer (1835). Austin, notwithstanding his English reputation, is entirely ignored by the German Jurists. Paris, 1853. This is a facsimile or image-based PDF made from scans of the original book. [4 ]Principes Métaphysiques du Droit, par Emm. Ueber die Wissenschaftlichen Behandlungsarten des Naturrechts (1802-3); and the Grundlinien der Philosophie des Rechts, oder Naturrecht und Staatswissenschaft im Grundrisse (1821). ‘From Hegel, we must, I think, still return upon Kant, seeking fresh hope for Philosophy in a continued use of the critical method.’ Professor Calderwood, Introduction to Kant’s Metaphysic of Ethics, p. xix. Zoepfl, Grundriss zu Vorlesungen über Rechtsphilosophie, 1878. Without entering in detail upon the point, the translator may remark with regard to one conspicuous, yet irremoveable blot, that he homologates the unanimous disapprobation of subsequent jurists, and would only refer to Dr. Hutchison Stirling’s drastic castigation of it in his Lectures, p. 51. Kant’s Science of Right was his last great work of an independent kind in the department of pure Philosophy, and with it he virtually brought his activity as a master of thought to a close.1 It fittingly crowned the rich practical period of his later philosophical teaching, and he shed into it the last effort of his energy of thought. 1878. The Philosophy of Law: Kant, Immanuel: Fremdsprachige Bücher Wählen Sie Ihre Cookie-Einstellungen Wir verwenden Cookies und ähnliche Tools, um Ihr Einkaufserlebnis zu verbessern, um unsere Dienste anzubieten, um zu verstehen, wie die Kunden unsere Dienste nutzen, damit wir Verbesserungen vornehmen können, und um Werbung anzuzeigen. But of this and other difficulties in so original and originative a work can only be said in the meantime: And every reader and student should be ready to apply the Horatian rule here too: [1 ]Fragment on Government, 1776. The movement was carried on by Adam Ferguson (Principles of Moral and Political Science, 1792; Essay on the History of Civil Society, 1767), Dugald Stewart (see especially the account of the Grotian School in the Dissertation, 1815), and Dr. Thomas Brown (Lectures).