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Front Page arrow Titles (by Subject) arrow C.: Methodical Division of the Science of Right. - The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right

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Subject Area: Political Theory
Subject Area: Law
Subject Area: Philosophy
Topic: Property

C.: Methodical Division of the Science of Right. - Immanuel Kant, The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right [1796]

Edition used:

The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right, by Immanuel Kant, trans. W. Hastie (Edinburgh: Clark, 1887).

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C.

Methodical Division of the Science of Right.

The highest Division of the System of Natural Right should not be—as it is frequently put—into ‘Natural Right’ and ‘Social Right,’ but into Natural Right and Civil Right. The first constitutes Private Right; the second, Public Right. For it is not the ‘Social state’ but the ‘Civil state’ that is opposed to the ‘State of Nature;’ for in the ‘State of Nature’ there may well be Society of some kind, but there is no ‘civil’ Society, as an Institution securing the Mine and Thine by public laws. It is thus that Right, viewed under reference to the state of Nature, is specially called Private Right. The whole of the Principles of Right will therefore fall to be expounded under the two subdivisions of Private Right and Public Right.

THE SCIENCE OF RIGHT.
PART FIRST. PRIVATE RIGHT. THE SYSTEM OF THOSE LAWS WHICH REQUIRE NO EXTERNAL PROMULGATION.

PRIVATE RIGHT.
THE PRINCIPLES OF THE EXTERNAL MINE AND THINE GENERALLY.