XI KANT KONGRESS, XI Congresso Kantiano Internazionale

Equity Presumptions versus Maxim of Distributive Justice in the "Metaphysische Anfangsgründe der Rechtslehre", §§ 36-40

Corrado Bertani

Edificio: Facoltà di Agraria
Sala: sala Wolff
Data: 23 maggio 2010 - 14:30
Ultima modifica: 12 aprile 2010

Abstract

The third chapter of Private Right in Kant’s "Rechtslehre" (§§ 36-40) discusses some controversial civil actions, where the solution offered by Natural Right differs from the decision which a judge would take if he was called to solve them. The reason for this – fortunately exceptional – contradiction between “private right” and “idea of public right” is that, in all these cases, someone’s legal claim, although fully justified in itself, cannot be convincingly demonstrated in front of a court, as it is based only on a presumption and lacks any evidence. This means that what is at issue here is a real right which doesn’t imply coercion: an equity claim. The content of chapter III then appears to be strictly connected with the Appendix to the Introduction to the Doctrine of Right. The polemic against lawyers at the end of § 36, instead, anticipates the Introduction of The Conflict of the Faculties.