Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-06-13T06:24:50.854Z Has data issue: false hasContentIssue false

Chapter 3 - The right to freedom

Published online by Cambridge University Press:  05 June 2012

B. Sharon Byrd
Affiliation:
Friedrich-Schiller-Universität, Jena, Germany
Joachim Hruschka
Affiliation:
Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany
Get access

Summary

In section 1 of this chapter, we examine the right to freedom as Kant understands and posits it in his axiom of external freedom. We are examining this axiom because it is an assumption upon which Kant's entire system of rights is built. Kant conceives of the right to external freedom broadly. It thus comprises a number of rights we might see today as being distinct from the right to external freedom, such as the right to a good name or the right to equal protection under the law. In section 2 we consider Kant's notion of internal freedom both in the negative and positive sense to set the stage for our argument in section 3 that external freedom also has a negative and a positive aspect to it. The negative aspect of external freedom is well known but the positive is not. We argue that the positive aspect is embodied in the postulate of public law, which commands us to move to a juridical state, where individual rights are secured. In section 4, we draw two conclusions from the right to external freedom. In section 4A, we claim that because Kant's command is to move to a juridical state, his prohibition against revolution refers to revolting in a juridical state and not in some despotic state. So understood, Kant's seemingly extreme stance against revolution becomes more appealing. Indeed, the prohibition against revolution is merely the opposite side of the coin to the postulate of public law.

Type
Chapter
Information
Kant's Doctrine of Right
A Commentary
, pp. 77 - 93
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The right to freedom
  • B. Sharon Byrd, Friedrich-Schiller-Universität, Jena, Germany, Joachim Hruschka, Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany
  • Book: Kant's <I>Doctrine of Right</I>
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511712050.005
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The right to freedom
  • B. Sharon Byrd, Friedrich-Schiller-Universität, Jena, Germany, Joachim Hruschka, Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany
  • Book: Kant's <I>Doctrine of Right</I>
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511712050.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The right to freedom
  • B. Sharon Byrd, Friedrich-Schiller-Universität, Jena, Germany, Joachim Hruschka, Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany
  • Book: Kant's <I>Doctrine of Right</I>
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511712050.005
Available formats
×