The Science of Right

by

Immanuel Kant

Translated by W. Hastie

eBooks@Adelaide
2004

Table of Contents

INTRODUCTION TO THE SCIENCE OF RIGHT.

GENERAL DEFINITIONS, AND DIVISIONS.

DIVISION OF THE SCIENCE OF RIGHT.

FIRST PART. PRIVATE RIGHT.

The System of those Laws Which Require No External Promulgation.

CHAPTER I.
Of the Mode of Having Anything External as One’s Own.

1. The Meaning of “Mine” in Right (Meum Juris).

2. Juridical Postulate of the Practical Reason.

3. Possession and Ownership.

4. Exposition of the Conception of the. External Mine and Thine.

5. Definition of the Conception of the External Mine and Thine.

6. Deduction of the Conception of a Purely Juridical Possession of an External Object (Possessio Noumenon).

7. Application of the Principle of the Possibility of an External Mine and Thine to Objects of Experience.

8. To Have Anything External as One’s Own is only Possible in a Juridical or Civil State of Society under the Regulation of a Public Legislative Power.

9. There May, However, Be an External Mine and Thine Found as a Fact in the State of Nature, but it is only Provisory.

CHAPTER II.
The Mode of Acquiring Anything External.

10. The General Principle of External Acquisition.

DIVISION OF THE SUBJECT OF THE ACQUISITION OF THE EXTERNAL MINE AND THINE.

SECTION I.
Principles of Real Right.

11. What is a Real Right?

12. The First Acquisition of a Thing can only be that of the Soil.

13. Every Part of the Soil may be Originally Acquired; and the Principle of the Possibility of such Acquisition is the Original Community of the Soil Generally.

14. The Juridical Act of this Original Acquisition is Occupancy.

15. It is Only within a Civil Constitution that Anything can be Acquired Peremptorily, whereas in the State of Nature Acquisition can only be Provisory.

16. Exposition of the Conception of a Primary Acquisition of the Soil.

17. Deduction of the Conception of the Original Primary Acquisition.

SECTION II.
Principles of Personal Right.

18. Nature and Acquisition of Personal Right.

19. Acquisition by Contract.

20. What is Acquired by Contract.

21. Acceptance and Delivery.

SECTION III.
Principles of Personal Right that is Real in Kind. (Jus Realiter Personale).

22. Nature of Personal Right of a Real Kind.

23. What is acquired in the household.

The Rights of the Family as a Domestic Society
Title I. Conjugal Right. (Husband and Wife)

24. The Natural Basis of Marriage.

25. The Rational Right of Marriage.

26. Monogamy and Equality in Marriage.

27. Fulfillment of the Contract of Marriage.

Title II. Parental Right. (Parent and Child).

28. The Relation of Parent and Child.

29. The Rights of the Parent.

Title III. Household Right. (Master and Servant)

30. Relation and Right of the Master of a Household.

SYSTEMATIC DIVISION OF ALL THE RIGHTS CAPABLE OF BEING ACQUIRED BY CONTRACT.

31. Division of Contracts: Juridical Conceptions of Money and a Book.

EPISODICAL SECTION.
The Ideal Acquisition of External Objects of the Will.

32. The Nature and Modes of Ideal Acquisition.

33. I. Acquisition by Usucapion. (Acquisitio per Usucapionem).

34. II. Acquisition by Inheritance. (Acquisitio haereditatis).

35. III. The Continuing Right of a Good Name after Death. (Bona fama Defuncti).

CHAPTER III.
Acquisition Conditioned by the Sentence of a Public Judicatory.

36. How and What Acquisition is Subjectively Conditioned by the Principle of a Public Court.

37. I. The Contract of Donation. (Pactum Donationis).

38. II. The Contract of Loan. (Commodatum).

39. III. The Revindication of what has been Lost. (Vindicatio).

40. IV. Acquisition of Security by the Taking of an Oath. (Cautio Juratoria).

Transition from the Mine and Thine in the State of Nature to the Mine and Thine in the Juridical State Generally.

41. Public Justice as Related to the Natural and the Civil State.

42. The Postulate of Public Right.

SECOND PART. PUBLIC RIGHT.

The System of those Laws which require Public Promulgation.

The Principles of Right in Civil Society.

43. Definition and Division of Public Right.

I. Right of the State and Constitutional Law. (Jus Civitatis).

44. Origin Of the Civil Union and Public Right.

45. The Form of the State and its Three Powers.

46. The Legislative Power and the Members of the State.

47. Dignities in the State and the Original Contract.

48. Mutual Relations and Characteristics of the Three Powers.

49. Distinct Functions of the Three Powers. Autonomy of the State

Constitutional and Juridical Consequences arising from the Nature of the Civil Union.

50. Juridical Relations of the Citizen to his Country and to Other Countries. Emigration; Immigration; Banishment; Exile.

51. The Three Forms of the State: Autocracy; Aristocracy; Democracy.

52. Historical Origin and Changes. A Pure Republic. Representative Government.

II. The Right of Nations and International Law. (Jus Gentium).

53. Nature and Division of the Right of Nations.

54. Elements of the Right of Nations.

55. Right of Going to War as related to the Subjects of the State.

56. Right of Going to War in relation to Hostile States.

57. Right during War.

58. Right after War.

59. The Rights of Peace.

60. Right as against an Unjust Enemy.

61. Perpetual Peace and a Permanent Congress of Nations.

III. The Universal Right of Mankind. (Jus Cosmopoliticum)

62. Nature and Conditions of Cosmopolitical Right.

Conclusion.

First published in 1790.

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