| In the process of philosophical evolution of western property rights theory,John Locke and Hobbes put forward the property rights theory based on natural law and social contract,which has a great influence on political life.Based on the criticism and inheritance of the theory of property rights by modern Renaissance and Enlightenment philosophers,Kant put forward the theory of property rights in the ontological sense.There are four chapters besides introduction and conclusion.The first chapter mainly expounds the theoretical background of Kant ’ s property rights.It mainly starts from three aspects.First of all,it sorts out the theory of property rights under the framework of natural law,which mainly includes Grotius,Puffindorf and Locke.The three people believe that in the original state,human beings jointly occupy all goods,and private property rights evolve from common property rights.Secondly,this paper expounds the theory of property rights under the framework of social contract,mainly including Hobbes,Rousseau and Hume.These three people believe that there is no property rights in the natural state,and only through the establishment of a state through contract can individual property rights be obtained.Finally,it analyzes Kant ’ s inheritance and criticism of the theoretical background of property rights under the two research approaches.The second chapter discusses the relationship between legal rights and freedom.Kant ’ s legal right is based on freedom.Freedom is the inherent right of human beings and the foundation of all other acquired legal rights.The freedom involved in the legal right is external freedom,which includes negative and positive aspects,and belongs to private and public legal rights.Kant put freedom into the concept of legal right in a progressive way from three aspects : entity,causality and interaction.The existence of legal rights ensures that people can achieve higher freedom,namely self-discipline,which is the focus of Kant ’ s moral philosophy.The third chapter mainly explores the issue of property rights in the natural state.First,define the specific concept of possession,clear the object of possession,division and possibility.Kant divides possession into experiential possession and rational possession,and thinks that only rational possession is real possession.Secondly,to demonstrate how the possession of reason is possible,Kant presupposes the licensing law of practical reason,so that the possession of reason can be realized,and the application of the possession of reason to practice must rely on the power of knowledge.Finally,the whole content of property rights includes not only the possibility and legitimacy of property possession,but also the way of obtaining property.Kant believes that the way of obtaining property is divided into objective and subjective.But the property right acquired in natural state is a temporary possession,which must be transited to citizenship to achieve permanent possession.The fourth chapter mainly expounds the property rights in the state of citizens.First of all,Kant realized that property lacks political authority,coercive force and objective standards in the natural state,so it must be transited to the state of citizenship.Secondly,based on the universal will of coalition,Kant constructed the national institutional system.Finally,the relationship between property rights and the state is combed.The realization of property rights is subject to the state,and the state has the responsibility and obligation to protect property rights. |
