Natural Law: A Translation of the Textbook for Kant’s Lectures on Legal and Political Philosophy

Description

As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for students and Kant scholars. For over twenty years, Kant used this book as the basis for his lectures on natural law. It has influenced his legal and political philosophy, as well as his ethics, and is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. Achenwall’s Ius naturae focuses on the fundamental principles of legal and political philosophy. It first discusses the natural rights and obligations pertaining to the relations of humans independently of their membership in particular communities, and then discusses those pertaining to the family, the state, and international relations. Articulating his theory with clear definitions, precise distinctions, and instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff, and others, Achenwall offers a lucid account that fits squarely in the natural law tradition. His handbook is of interest to scholars of natural law, social contract theory, and the history of political theory more generally. This is a complete English translation of both volumes of the 1763 edition. The volume also includes an Introduction by eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right. Moreover, the volume features a concordance correlating the Ius naturae to Kant’s Feyerabend Lectures on Natural Law. Title Page Copyright Page Contents Series Editors’ Preface Editor’s Preface Acknowledgments Introduction I Gottfried Achenwall and Immanuel Kant II Gottfried Achenwall and his Ius naturae III Achenwall’s Influence on Kant’s Doctrine of Right IV The Right to Freedom V The Justification of Coercion VI Marriage, Church, and State Works Cited Remarks on the Translation Original Title Page Part 1: Natural Law in the Strictest Sense Prefaces Preface to the third and fourth editions Prefaces to the earlier editions, which sprang from a joint effort by the learned jurist Pütter and myself Preface to the second edition Introduction to Natural Law Preliminary Remarks Title I The Norm For Free Actions; Obligation In General Title II Natural Laws Title III Perfect Laws Title IV Perfect Laws as External Laws Appendix to the Introduction to Natural Law: The Bibliographical History of Natural Law Book I Natural Law in the Strictest Sense Section I Absolute Natural Law Title I Everybody’s Right with Regard to Himself Title II Natural Equality Title III Natural Liberty Title IV The Law on Declaring One’s Mind Title V The Law Regarding Esteem Title VI The Law Regarding Things Section II Conditional Natural Law Title I Occupancy Title II Putative Occupancy Title III Dominion Title IV The Right to Usufruct of a Thing That Is One’s Own; Title V The Right of Disposal of a Thing That Is One’s Own Title VI Contract Title VII The Effects of a Contract Title VIII Price and Money Title IX Beneficial Contracts and Contracts of Exchange Title X Security Title XI Oath Title XII Succession Prescription, Which Is Unknown to Natural Law Title XIII Ways in Which Contractual Right and Obligation Are Canceled Section III The Natural Law of War Title I The Ways to Pursue One’s Right Title II The Ways to End a Dispute Part 2: Family Law, Public Law and the Law of Nations Book II Universal Social Law, in Particular the Law of Domestic Societies Section I Universal Social Law in General Title I The Society in General Title II The Equal Society Title III The Unequal Society Section II Universal Law of Domestic Societies Title I Marriage Title II The Parental Society Title III The Master Society Title IV The Family Book III Universal State Law, in Particular Universal Public Law Section I Universal Public Law in General Section II Absolute Universal Public Law Title I On Legislative, Executive and Oversight Power Title II The Right Regarding Civil Office and Dignity and Regarding Public Revenues Title III Judicial Power and the Right of Arms Title IV The Right Regarding Public Happiness Title V The Right Regarding Religion and the Church Title VI The Right Regarding the External Administration of the Republic Title VII The Eminent Right Section III Conditional Universal Public Law Title I Monarchy Title II The Ways to Have Monarchic Overlordship Title III The Other Forms of Republic Section IV The Ways to Pursue One’s Right in a Republic Universal Private Law, Which Has No Place in Natural Law Book IV The Universal Law of Nations Section I The Universal Law of Nations in General Section II The Absolute Universal Law of Nations Section III The Conditional Universal Law of Nations Title I A Nation’s Dominion and Territorial Right Title II Public-Pacts Law Title III The Law of Embassies Section IV The War Law of Nations Emendations to the Latin Text of Part I Topical and Chronological Concordance Index of Names Index of Subjects, Latin–English Index of Subjects, English–Latin