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B.Sharon Byrd - Kant and Law

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Immanuel Kants legal philosophy and theory have played an enormous role in the development of law since the eighteenth century. Although this influence can be seen primarily in German law and in the law of nations which have traditionally been oriented toward German legal development, today Kants philosophy has experienced a Renaissance in the Anglo-American legal world. This anthology collects what the editors believe to be the very best of articles on Kants legal theory, with an emphasis on his Metaphysics of Morals of 1797. In particular the articles relate to: 1) the nature of law and justice, 2) private law, 3) public law, 4) criminal law, 5) international law, and 6) cosmopolitan law.

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Kant and Law Philosophers and Law Series Editor Tom Campbell Titles in - photo 1
Kant and Law
Philosophers and Law
Series Editor: Tom Campbell
Titles in the Series
Aristotle and Modern Law
Richard 0. Brooks and James Bernard Murphy
Plato and Modern Law
Richard O. Brooks
Locke and Law
Thorn Brooks
Rousseau and Law
Thorn Brooks
Kant and Law
B. Sharon Byrd and Joachim Hruschka
HobbesonLaw
Claire Finkelstein
Gadamer and Law
Francis J. Mootz III
Nietzsche and Law
Francis J. Mootz III
Wittgenstein and Law
Dennis Patterson
Hegel and Law
Michael Salte
Kant and Law
Edited by
B. Sharon Byrd
Friedrich Schiller University, Jena, Germany
and
Joachim Hruschka
Friedrich Alexander University, Erlangen, Germany
First published 2006 by Ashgate Publishing Published 2016 by Routledge 2 Park - photo 2
First published 2006 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX 14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2006 B. Sharon Byrd and Joachim Hruschka. For copyright of individual articles please refer to the Acknowledgements.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
Kant and law. - (Philosophers and law)
1. Kant, Immanuel, 1724-1804 2. Law - Philosophy
I. Byrd, B. Sharon II. Hruschka, Joachim
340.1
Library of Congress Cataloging-in-Publication Data
Kant and law / edited by B. Sharon Byrd and Joachim Hruschka.
p. cm. (Philosophers and law)
ISBN 0-7546-2337-8 (alk. paper)
1. Kant, Immanuel, 1724-1804. 2. Natural law. 3. LawPhilosophy. I. Byrd, B. Sharon.
II. Hruschka, Joachim. III. Series.
K457.K3K36 2005
340dc22
2005045395
Transfered to Digital Printing in 2010
ISBN 9780754623373 (hbk)
Acknowledgments
The editor and publishers wish to thank the following for permission to use copyright material.
Blackwell Publishing for the essay: Sankar Muthu (2000), Justice and Foreigners: Kants Cosmopolitan Right, Constellations, , pp. 2345.
Columbia Law Review for the essay: Ernest J. Weinrib (1987), Law as a Kantian Idea of Reason, Columbia Law Review, , pp. 472508.
Duncker & Humblot GmbH for the essay: Joachim Hruschka (1994), On the History of Justification and Excuse in Cases of Necessity, in Werner Krawietz, Neil MacCormick and Georg Henrik von Wright (eds), Prescriptive Formality and Normative Rationality in Modern Legal Systems: Festschrift fr Robert S. Summers, Berlin: Duncker and Humblot, pp. 33749.
Franz Steiner Verlag, Stuttgart, for the essay: Joachim Hruschka (2002), Kant and Human Dignity, originally published in German in Archiv fr Rechts- und Sozialphilosophie, , pp. 46380, here in English translation pp. 116.
Imprint Academic for the essay: Katrin Flikschuh (1999), Freedom and Constraint in Kants Metaphysical Elements of Justice, History of Political Thought, , pp. 25071. Copyright 1999 Imprint Academic, Exeter, UK.
Johns Hopkins University Press for the essay: Brian Orend (1999), Kants Just War Theory, Journal of the History of Philosophy, , pp. 32353.
Kluwer Academic Publishers B.V. for the essay: B. Sharon Byrd (1989), Kants Theory of Punishment: Deterrence in its Threat, Retribution in its Execution, Law and Philosophy, , pp. 151200.
Marquette University Press for the essays: Jan Joerden (1995), From Anarchy to Republic: Kants History of State Constitutions, in Hoke Robinson (ed.), Proceedings of the Eighth International Kant Congress, Milwaukee: Marquette University Press, I.1, pp. 13956; B. Sharon Byrd (1995), The State as a Moral Person, in Hoke Robinson (ed.), Proceedings of the Eighth International Kant Congress, Milwaukee: Marquette University Press, I.1, pp. 17189.
Oxford University Press for the essays: Sharon Byrd (2002), Kants Theory of Contract, modified and reprinted in Mark Timmons (ed.) (2002), Kants Metaphysics of Morals. Interpretive Essays, Oxford/New York: Oxford University Press, pp. 11131; originally published (1997) in The Southern Journal of Philosophy, , Supplement pp. 13153. By permission of Oxford University Press; Thomas E. Hill, Jr (2002), Wrongdoing, Desert, and Punishment, in Human Welfare and Moral Worth: Kantian Perspectives, Oxford/New York: Oxford University Press, Chap. 10, pp. 31039. By permission of Oxford University Press.
Philosophy Documentation Center for the essay: Kenneth R. Westphal (1992), Kant on the State, Law, and Obedience to Authority in the Alleged Anti-Revolutionary Writings, Journal of Philosophical Research, , pp. 383426.
The Review of Metaphysics for the essay: Mary Gregor (1988), Kants Theory of Property, Review of Metaphysics, , pp. 75787. Copyright 1988 The Review of Metaphysics. Reprinted with permission.
University of Calgary Press for the essay: Mark LeBar (1999), Kant on Welfare, Canadian Journal of Philosophy, , pp. 22549.
University of Wales Press for the essay: Georg Cavallar and August Reinisch (1998), Kant, Intervention and the Failed State, Kantian Review, , pp. 91106.
Walter de Gruyter GmbH & Co. Kg for the essays: Thomas W. Pogge (1988), Kants Theory of Justice, Kant-Studien, , pp. 40733; Kevin Thompson (2001), Kants Transcendental Deduction of Political Authority, Kant-Studien, , pp. 6278; Pauline Kleingeld (2003), Kants Cosmopolitan Patriotism, Kant-Studien, , pp. 299316.
Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangement at the first opportunity.
Contents
Series Preface
The series Philosophers and Law selects and makes accessible the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. The series encompasses not only what these philosophers had to say about law but also brings together essays which consider those aspects of the work of major philosophers which bear on our interpretation and assessment of current law and legal theory. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.
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